Agenda Packet February 16 2015PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
February 16, 2015
9:00 am
CALL TO ORDER…………………………………………………. Chairman Puryear
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10 minute
segment which is open for informal comments and/or questions from citizens
of this county on issues, other than those issues for which a public hearing
has been scheduled. The time will be divided equally among those wishing to
comment. It is requested that any person who wishes to address the Board,
register with the Clerk to the Board prior to the meeting.
ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of January 20, 2015,
B. Approval of Minutes of February 2, 2015,
C. NC DOT Title VI Plan for Person Area Transportation System,
D. Budget Amendment #12, and
E. 3-Year Renewal of Audit Contract for Fiscal Years 2015-2017
1
UNFINISHED BUSINESS:
ITEM #2
Revisions to the Animal Services Ordinance ……………. Heidi York & Ron Aycock
NEW BUSINESS:
ITEM #3
Volunteer Fire and Rescue Capital Funding Options ……………. Amy Wehrenberg
ITEM #4
Request for Special Use Permitting Policy at specific
Recreation, Arts and Parks Facilities and Person
County Museum and Revised Person County Ordinance
Regulating Possession or Consumption of Malt
Beverages or Fortified Wine on County Property .………. John Hill & Donald Long
ITEM #5
Kirby Second Floor Rental Rates and Fees …………………………………. John Hill
ITEM #6
Public Safety Communication Towers Lease Documents ………………… Sybil Tate
ITEM #7
Eaton Administrative Clarification of existing
Financial Incentive Agreement …………………………………….…… Stuart Gilbert
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION (if desired by the Board)
RECESS THE MEETING TO TIME OF WORK SESSION
WORK SESSION TOPICS:
ITEM #8
Future Waste Management Options …………Heidi York, Sybil Tate & Ron Aycock
ITEM #9
Public Nuisance Ordinance …………………………………………... Michael Ciriello
ITEM #10
Unified Development Ordinance …………………………………….. Michael Ciriello
Note: All Items on the Agenda are for Discussion and Action as deemed
appropriate by the Board.
2
January 20, 2015
1
PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 20, 2015
MEMBERS PRESENT OTHERS PRESENT
January 20, 2015
2
4
January 20, 2015
3
5
January 20, 2015
4
Vice Chairman Newell asked the per capita income for Person County. Annual reporting
indicates per capital income for Person County is $25,284.
6
January 20, 2015
5
7
January 20, 2015
6
8
January 20, 2015
7
Vice Chairman Newell asked if the Board had the authority to eliminate the 2% sales tax
levied to which Ms. Troutman replied affirmatively.
9
January 20, 2015
8
Ms. Troutman reiterated that the federal non-recurring funding used for state
appropriations for the current fiscal year would need to be replaced with state funding in the next
budget. Ms. Troutman stated the General Assembly would likely view the April 15th proceeds
before initiating a state sales tax restructure.
10
January 20, 2015
9
11
January 20, 2015
10
Commissioner Jeffers stated the following are the NC Association of County
Commissioners’ 2015-2016 legislative goals as adopted at the Association’s Legislative Goals
Conference January 15-16, 2015:
1. Support continued state funding of Medicaid and support efforts by the state to provide
healthcare access for all citizens.
2. Seek legislation to restore the statutory requirement that 40% of the net lottery proceeds
be allocated to counties for school capital needs and increase the annual appropriation of
lottery funds until the 40% allocation is restored.
3. Seek legislation to repeal the statutory authority under N.C. G.S. 115C-431(c) that allows
local school boards to file suit against a county board of commissioners over county
appropriations for education.
4. Oppose any shift of state transportation responsibilities to counties.
5. Oppose unfunded mandates and shifts of state responsibilities to counties.
FEDERAL AND STATE ECONOMIC OUTLOOK:
County Manager, Heidi York introduced Mr. Michael Wolf, an economist with Wells
Fargo Securities, covering both U.S. and regional economies. Based in Charlotte, N.C., Mr. Wolf
writes indicator reports, special commentary, and contributes to the company’s Weekly Economic
& Financial Commentary. Prior to joining Wells Fargo, Mr. Wolf worked as a regional and
international economist at Moody’s Analytics. Additionally, he measured trends in compensation
as an economist for the Bureau of Labor Statistics. Mr. Wolf has a master’s degree in
international economic policy and statistics from Columbia University and Baruch College,
respectively. He also holds a bachelor’s degree in economics from the University of Maryland
and is a member of the National Association of Business Economics and Charlotte Economics
Club.
Mr. Wolf provided the Board with the following Economic Outlook presentation:
12
January 20, 2015
11
13
January 20, 2015
12
14
January 20, 2015
13
15
January 20, 2015
14
16
January 20, 2015
15
17
January 20, 2015
16
18
January 20, 2015
17
19
January 20, 2015
18
20
January 20, 2015
19
21
January 20, 2015
20
22
January 20, 2015
21
23
January 20, 2015
22
24
January 20, 2015
23
25
January 20, 2015
24
26
January 20, 2015
25
27
January 20, 2015
26
28
January 20, 2015
27
Mr. Wolf noted NC’s percent in real GDP for 2012-2013 was 2.3%.
29
January 20, 2015
28
Mr. Wolf stated NC’s labor force participation rate was 60.2% as of November 2014.
30
January 20, 2015
29
31
January 20, 2015
30
Mr. Wolf stated there have been huge gains in professional technology services.
32
January 20, 2015
31
33
January 20, 2015
32
34
January 20, 2015
33
Chairman Puryear called for a brief break at 10:41am. Chairman Puryear reconvened the
meeting at 10:49 am.
AUDIT REPORT & FUND BALANCE:
Mr. James P. Winston, II, an audit partner of Winston, Williams, Creech and Evans &
Co., LLP presented the Board the following June 30, 2014 Audit Presentation:
35
January 20, 2015
34
36
January 20, 2015
35
37
January 20, 2015
36
Mr. Winston clarified the Final Budget General Fund Expenditures was $54,232,552 as
the number did not fit on the slide appropriately.
38
January 20, 2015
37
Mr. Winston clarified the Final Budget Appropriated Fund Balance was $3,727,949 and
there was no actual funding.
39
January 20, 2015
38
Mr. Winston noted the end result of 18.41% General Fund Unassigned Fund Balance
complies with the County’s policy of 18%. Mr. Winston further noted the minimum General
Fund Unassigned Fund Balance is 8% per the Local Government Commission.
40
January 20, 2015
39
41
January 20, 2015
40
Mr. Winston stated the tax collection rate of 98.40% is above the state average. Mr.
Winston noted the vehicle tax collection rate was at 97.75% which included the one-time
additional four months of revenues.
Board members were given a draft copy of the Comprehensive Annual Financial Report
for the year ended June 30, 2014 that includes an independent auditor’s report and financial
reports.
42
January 20, 2015
41
Finance Director, Amy Wehrenberg gave the following Fund Balance presentation:
43
January 20, 2015
42
Ms. Wehrenberg directed the Board’s attention to page 29 of the Comprehensive Annual
Financial Report and outlined the many fund balances listings.
44
January 20, 2015
43
Ms. Wehrenberg noted an anticipated drop in next year’s fund balance appropriation due
to the debt (schools) coming off the books.
45
January 20, 2015
44
46
January 20, 2015
45
47
January 20, 2015
46
Ms. Wehrenberg noted the proposal to set a policy setting the Unassigned Fund Balance
to 20% was just a proposal for the Board to consider noting the County would need
approximately $750,000 to meet that target from the current status of 18.41%. Ms. Wehrenberg
stated 20% would equate to over $10M. County Manager, Heidi York added that the Board has
relied on Fund Balance for recurring expenses the last few years and a policy would set
guidelines for best practices to ensure steady growth.
Following discussion from all Board members related to the Unassigned Fund Balance
proposed policy and whether to keep at its current 18% or increase to 20%, Chairman Puryear
suggested holding the discussion to setting policy for the Unassigned Fund Balance until after the
Capital Improvement Plan (CIP) discussion later in the day.
Chairman Puryear requested the Board to recess for the lunch break noting an
opportunity for an informal tour of the newly renovated Kirby Rebirth upstairs was available for
Board members if they had not seen the space.
A motion was made by Commissioner Jeffers and carried 5-0 to recess the meeting at
11:54 am until 1:30 pm.
Chairman Puryear called the recessed meeting to order at 1:30 pm. County Manager,
Heidi York requested the Board to participate in the first of several straw polls for the day. The
first straw poll related to the information covered in the Finance Director’s presentation about
Fund Balance.
It was the consensus of the Board to continue the retreat with the presentation from the
Tax Administrator, Russell Jones.
48
January 20, 2015
47
AD VALOREM AND VEHICLE TAX REVENUES:
Tax Administrator, Russell Jones told the group that during Fiscal Year 2014-2015, the
current tax year, the biggest players are, of course, real property (land and buildings) at 67.58%,
then state appraised property (Duke Energy) at 21.13%% percent, then machinery (business
equipment) at 9.48%. Mr. Jones confirmed the DMV has transitioned to the new NCVTS system,
and it is now collected by NCDMV local tag offices.
49
January 20, 2015
48
Mr. Jones stated the data on the real property is actual noting the State appraised figure
comes in September, the equipment number is available late April, and motor vehicles has 15
months of history.
Mr. Jones noted real property value continued to see $9 million in growth (from 2.774b
to 2.783b.)
50
January 20, 2015
49
Mr. Jones noted there may be some additional equipment at Eaton, GKN, and Spuntech
that was not in place January 1, 2014 but this is unknown at this time.
51
January 20, 2015
50
52
January 20, 2015
51
Mr. Jones stated the numbers are comparing predictions for the estimated ending levy for
2014, and not the budgeted levy of $3.960 billion for 2014 (for 2014-2015 ending levy as
opposed to budgeted is 1% higher). Mr. Jones noted the proposal levy value for 2015-2016 is $4
billion, which is an increase of $40 million from budgeted levy in 2014-2015 of $3.96 billion.
53
January 20, 2015
52
The new NCVTS system started with September 2013 renewals. While some citizens
renewed early (July $1,600 and August $23,000 in revenues), most renewed by October 15 (grace
period) with some renewed after the grace period. With only 15 months of data, Mr. Jones felt
that this revenue source will increase from the budget FY15 of $1,920,000, to a budget of
$2,100,000 ($175,000 per month versus $160,000 in current budget) for FY16.
Mr. Jones stated for FY15, one penny generated $410,051 at 97.25%. One penny
generates more for FY16, due to increase in tax levy and DMV (+$8,214 per penny) noting any
changes in the tax rate will only affect vehicles from October-June, due to renewal notices
already mailed for preceding months.
54
January 20, 2015
53
55
January 20, 2015
54
Option 1: General Fund shows the way the fire departments were funded for the current
year, FY15 and the potential funding for FY16.
Mr. Jones noted power producing plants are excluded from a fire tax by NC General
Statute. DMV renewals for July-August will not be affected by a new fire tax until next year due
to the timing of registration renewal notices already mailed. Mr. Jones noted Person County
could be one fire district with one tax rate (3.519 cents) due to fire districts not following parcel
lines. The fire tax is not distributed based on value, but by the authority of the commissioners.
56
January 20, 2015
55
Mr. Jones clarified that with Option 2, a Fire Commission cannot be established; by
statute the authority is with the Board of Commissioners.
Mr. Jones noted 9/12 months billed for first year, or 26,250 vehicles as July-September
bills already mailed before July 1; another option for first year could be $35.15 to require no
general fund.
57
January 20, 2015
56
Mr. Jones stated Option 4 allows a Fire Commission to be established or the fire tax can
be governed by the Board of Commissioners or jointly by two neighboring county governing
bodies. A resulting vote could include up to a $.15 cent maximum fire tax.
58
January 20, 2015
57
Mr. Jones noted 35% of freeholders (real properly owner that lives on the property) is
difficult to establish and any such petition would be verified by tax office which may involve heir
property with unknown heirs. Mr. Jones further noted that even if only one fire district is
interested in a petition and the fire protection district, up to 4 districts may see lines affected (and
maybe surrounding counties). House Bill 589 may prevent a special election. Mr. Jones stated
the Election department does not have a database that matches fire districts. Fire district lines do
not follow parcel lines or roads but are calculated on a 6-mile driving radius of the fire station.
Commissioner Jeffers stated the need to hold community meetings to educate the public
related to the fire tax or continue the same method of funding of increasing funding by 2% every
other year. Commissioner Jeffers noted funding for fire services is a public safety issue to which
the Board should hear from the public before making a decision. Commissioner Jeffers
advocated for dedicated funding so the volunteer fire departments can make larger equipment
purchases without the worry if funding will be appropriated.
Chairman Puryear stated his opposition to a fire tax noting he would consider a funding
formula, establishing a fire fund or changing the revolving loan to be interest free.
Vice Chairman Newell noted it made more sense to continue funding as is to receive
more money for the penny as well as advocated for pursuing state matching grants (up to $30,000
per year per station) for local funding of fire services thereby setting up a fire fund.
County Manager, Heidi York told the group that following the joint meeting with the
volunteer fire departments, she sent the Board a memo explaining the County does not have a
purchasing agent and should the Board desire to fund the purchase of equipment and fire trucks, it
would have to be incorporated in the Capital Improvement Plan. Ms. York stated the County’s
revolving loan fund guidelines could be amended to include the volunteer fire departments noting
currently there is an interest assessed to the loans which is why staff advised the volunteer fire
departments to take advantage of the interest free loans through the USDA electric coops.
Ms. York explained when the City of Roxboro’s Fire Services agreement was put into
place two years ago, a 2% CPI adjustment was included for every other year. Ms. York noted on
the alternate two year period, a 2% CPI was recommended for the volunteer fire departments to
adjust funding in the same manner as for the City’s fire services yet to be distributed based on
actual call volume noting each volunteer district’s demands are different. Ms. York stated the
County only followed the outlined formula for the volunteer fire departments once. Ms. York’s
recommendation was to implement the formula to address and meet the same goals to adjust
similarly as done for the City of Roxboro.
Commissioner Jeffers noted if the majority of the Board is not in favor of a fire tax, he
would be in favor of establishing a fire fund and reviewing policy changes for the County’s
revolving loan. Chairman Puryear stated support for the revolving loan to be redefined for use by
the volunteer fire departments in a fair distribution to each station. Commissioner Jeffers stated
support to start the conversation between staff and the designees of the Fire Chief’s for each
station.
Ms. York stated the non-recurring amount in the County’s Revolving Loan Fund is
currently $181,000.
59
January 20, 2015
58
Chairman Puryear offered for staff to start dialogue with the Fire Chiefs as the County’s
Revolving Loan process would be faster than the USDA process. Ms. York disagreed noting the
Electric Coop staff are awaiting applications with money to loan immediately noting the County’s
process will take time to set-up the program.
A motion was made by Commissioner Jeffers and carried 5-0 to direct staff to begin
dialogue on establishing a fire fund or redefining the policy of the County’s Revolving Loan as a
line of credit for the volunteer fire departments to apply.
Board members reiterated the Revolving Loan should remain a source for small
businesses. Commissioner Jeffers suggested staff to contact the Fire Chief’s Association
President, Wayne Wrenn to create a committee of designees to dialogue with County staff.
Chairman Puryear requested Board members to complete the second straw poll relating to
Revenue:
60
January 20, 2015
59
COUNTY TRENDS FOR DECISION-MAKING:
Assistant County, Manager. Sybil Tate gave the Board the following presentation
related to trends in Person County across the state:
61
January 20, 2015
60
The mean household income for Person County is $52,000.
62
January 20, 2015
61
63
January 20, 2015
62
Ms. Tate noted Person County’s population has decreased by 184 people or .5%.
64
January 20, 2015
63
65
January 20, 2015
64
Ms. Tate stated Person County Schools’ enrollment has decreased by 939 students since
FY08.
66
January 20, 2015
65
Ms. Tate stated Person County School’s teacher supplement is ranked in the state’s top
12.
Ms. Tate stated PCC’s enrollment has decreased by 2,260 since FY08 (chart does not
include data for FY15.)
67
January 20, 2015
66
The FY15 Tax Rate Comparison chart illustrates tax rate only.
Chairman Puryear announced a brief break at 2:49 pm. The meeting was reconvened at
3:02 pm.
68
January 20, 2015
67
FUND PROJECTIONS & CAPITAL PROJECTS:
Finance Director, Amy Wehrenberg provided the Board with the following Fiscal Review
and Projections:
69
January 20, 2015
68
70
January 20, 2015
69
71
January 20, 2015
70
Ms. Wehrenberg stated the extension request to issue/sell bonds at a 20 year term would
begin in August 2015 and would require a public hearing, if desired by the Board.
72
January 20, 2015
71
Commissioner Kendrick commented a need to consider amending the County’s Wireless
Communication Ordinance to change the fall zones.
73
January 20, 2015
72
74
January 20, 2015
73
Ms. York requested the Board to complete the third straw poll related to fiscal and capital
funding:
75
January 20, 2015
74
WORKFORCE IMPACTS:
Human Resources and Risk Management Director, Angie Warren provided the Board
with the following presentation relating to Workforce Impacts:
76
January 20, 2015
75
Ms. Warren stated Option 3 on the Springsted Study slide above would have the greatest
impact to address compression.
77
January 20, 2015
76
Ms. Warren noted the Coventry options for the next fiscal year include no plan
design changes.
78
January 20, 2015
77
Ms. Warren noted the Coventry CareLink Plans are through Duke providers for in-
network services.
The Coventry Self-Funded plan is a traditional PPO requiring more administration by
county staff to educate employees and manage costs. Ms. Warren stated no additional staff
would be needed to take on the Self-Funded plan. County Manager, Heidi York stated the
projected 8% savings is a very conservative number.
79
January 20, 2015
78
Commissioner Newell asked about the start-up fund. Ms. Warren noted the insurance
broker did not answer their questions however staff anticipated between $200,000-$250,000.
80
January 20, 2015
79
Ms. York asked the Board members to complete the straw poll related to Workforce
Impacts:
Chairman Puryear requested the Board to consider hearing the Sheriff’s request to allow
staff time to compile the survey results. It was the consensus of the Board for Sheriff Dewey
Jones to present his request:
GOVERNOR CRIME COMMISSION GRANT FOR 2015-2016:
Sheriff Dewey Jones requested Board approval for the Sheriff’s Office to pursue a grant
in the amount of $15,000 with a 25% match that would be funded with asset forfeiture funds. The
grant funding will be used for body cameras and other equipment. Sheriff Jones noted the
deadline to submit the grant is January 31, 2015 which necessitated Board action at the retreat.
A motion was made by Vice Chairman Newell and carried 5-0 to approve the Sheriff’s
Office to proceed to write a $15,000 Governor Crime Commission Grant in the amount of
$15,000 with a 25% match that would be funded with asset forfeiture funds.
81
January 20, 2015
80
BUDGET PRIORITIES:
County Manager, Heidi York asked the Board to complete a non-binding ranking survey
based on the aggregate results of the earlier straw polls. Assistant County Manager, Sybil Tate
stated the items in the ranking survey were items that received at least three straw poll votes.
82
January 20, 2015
81
An illustrated example using the calculator tool with the noted priorities showed the
following:
Debt
Senior Center $47,143
Rec Center $282,857
Communication System $235,000
Roofing $90,000
Self-Funded Insurance $218,921
Total Debt $873,921
Ms. York stated the take-away from the calculator tool is that the upcoming budget
process, based on the priorities outlined, is almost $1M over from a balanced budget. Ms. York
thanked the Board for participating in the straw poll and ranking survey noting the benefits of the
Board setting priorities that provides staff direction in working on the recommended budget.
As a follow-up to the local and state trends presentation, Commissioner Jeffers
commented on the need for Person County to update its Strategic Plan. Chairman Puryear
suggested staff reviewing the last two Strategic Plans, incorporating the Future’s Plan into the
concept and prioritizing by cost. Chairman Puryear asked for an organizational plan with
potential committee members. Assistant County Manager, Sybil Tate asked the Board if the
focus should be economic development or community development or as broad as the Future’s
Plan. It was the consensus of the Board to have a more traditional plan focusing on economic
development.
Commissioner Kendrick stated his desire to discuss the Senior Center noting he and other
commissioners have visited the group home space located at 202 S. Main Street. After speaking
with the group home director, David Forsythe, Commissioner Kendrick stated there was an
option for the Senior Center to be temporarily housed at no cost. Commissioner Kendrick asked
the Board for approval to proceed with conversations with Mr. Forsythe related to terms and
conditions using the Person County Group Homes space.
Commissioner Jeffers and Ms. York stated the decision for the location of the senior
center ultimately is the decision of the Kerr Tar non-profit noting the Board could make
suggestions as was done in the past. Commissioner Clayton stated he has requested Diane Cox,
Executive Director of Kerr Tar to visit the group home site.
A motion was made by Commissioner Kendrick and carried 5-0 to recommend to the
Kerr Tar Council of Government to temporarily locate the Senior Center, with David Forsythe’s
approval, in the group home space until a full-time location is worked out.
83
January 20, 2015
82
CLOSING REMARKS & EVALUATION:
Chairman Puryear and County Manager, Heidi York announced the Board would be
meeting jointly with Roxboro City Council on February 5, 2015. It was the consensus of the
Board to offer the City Council the meeting time at 5:30 pm. Chairman Puryear asked the Board
to be thinking of any ideas for a permanent solution for the Senior Center working in partnership
with City Council. Chairman Puryear thanked the Board members for their initiation to go out
and visit sites for this purpose.
Chairman Puryear asked Board members to complete the retreat evaluation and return to
the County Manager.
ADJOURNMENT:
A motion was made by Commissioner Kendrick and carried 5-0 to adjourn the meeting
at 4:38 pm.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
84
February 2, 2015
1
PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 2, 2015
MEMBERS PRESENT OTHERS PRESENT
February 2, 2015
2
Mr. Dave Hughston of 423 N. Old Lantern Road, Timberlake represented the
2015 Person County Leadership (10 individuals in attendance) sponsored by the Chamber
of Commerce. Mr. Hughston requested the Board to continue to support the Chamber as
well as work together with the City of Roxboro.
Ms. Vonda Frantz of 119 Potluck Farm Road, Rougemont advocated for an
appropriate combined facility in the County to address both the Senior Center and Rec
Center programs noting the benefits of a similar program at the Sportsplex in
Hillsborough. Ms. Frantz noted a recent proposal that was brought down that reflected
the wishes of the voters and citizens for many years.
Mr. Godrey Laws of 3509 Hurdle Mills Road, Hurdle Mills stated he is a
volunteer with the National Committee to preserve Social Security and Medicare and he
requested the Board to support a Proclamation of such. For more information please call
1-800-998-0180.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of January 5, 2015,
B. Tax Adjustments for the month of January 2015,
i. Tax Releases
ii. NC Vehicle Tax System pending refunds
iii. Written request for a refund by Mr. Charles Carver in the amount of
$7,258.49 (county tax of $3,820.26 and city tax of $3,438.23)
C. Report of Unpaid Taxes,
D. Advertisement of Unpaid Real Estate Taxes, and
E. CDBG Reporting for Close-out of Grant #11-C-2322
86
February 2, 2015
3
NEW BUSINESS:
REVISIONS TO THE PERSON COUNTY ANIMAL SERVICES ORDINANCE:
Animal Services Director, Ron Shaw introduced to the Board Dr. Vickie Soares,
Chair of the Animal Services Advisory Committee who would present revisions to the
Person County Animal Services Ordinance for consideration for adoption.
Dr. Soares stated the Person County Animal Services Ordinance was updated and
adopted by the Board of County Commissioners in May 2013. At that time, staff was
directed to hold off on developing a citation system which would allow for enforcement
of the Ordinance. Since then, the Animal Services Advisory Committee has been
working on developing proposed language to allow the Animal Services Officers to issue
citations for violations of the Ordinance. These citations will not negatively impact the
responsible pet owners of Person County, but they will create warnings and fines for
irresponsible pet owners. This includes violations such as cruelty to animals, animals
running at large, and not complying with the state law mandating rabies vaccinations.
The Animal Services Advisory Committee did not propose new laws, rather a tool for
enforcement of already existing laws. Dr. Soares noted the proposed revisions would
allow the Animal Services Officers the ability to fine residents for a quicker result versus
litigation that can takes weeks, months or even years to resolve.
In addition, the Animal Services Advisory Committee requested the
implementation of rescue group offenses and resulting consequences to be included with
Appendix B to the Ordinance noting this will improve operations at the Shelter by
helping to enforce the rules for animal rescue groups wanting to pull animals from the
shelter. The offenses are split into minor and major offenses and have corresponding
penalties. The minor offenses include not following through on pulling the animal after
committing to pull them and not adhering to the Rescue Group Procedures listed in
Appendix B. While some major offenses include turning animals into other city or
county shelters and not being a licensed rescue with the Department of Agriculture.
County Manager, Heidi York stated the Board had a copy at their seats of the current
Appendix B noting the revisions would be additional text to the existing language.
Dr. Soares stated the Animal Services Committee recommended the new
ordinance would become effective April 1, 2015 should the Board adopt the revisions
allowing time to educate residents on responsible pet ownership and these new changes.
Adoption of the revised changes will require a unanimous vote by the Board at the first
reading, or by a majority vote at a second reading which would occur at the Board’s next
meeting.
The proposed revision included the following changes to Section 19: Penalties:
87
February 2, 2015
4
SECTION 19: PENALTIES
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
c) State that such penalties must be paid within seventy-two (72) hours from
issuance of such notice, and
88
February 2, 2015
5
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).
The proposed additional language to be added to Appendix B relating to Rescue Group
Offenses was as follows:
Minor:
• Not following Rescue Group Procedures listed in Appendix B of the Animal Control
Ordinances.
• Not following through after “tagging” pets for rescue.
Offenses
• First Offense: written warning
• Second Offense: suspension of 30 days
• Third Offense: suspension of 90 days
• Fourth Offense: suspension of 180 days
Major:
• Using a 501c3 IRS designation that is not current.
• Not adhering to state and federal animal welfare and cruelty laws.
• Not making sure all pets pulled by rescue are spayed/neutered as required.
• Not licensing rescue with the Department of Agriculture if required (more than 9
rescue pets in any foster home.)
• Pulling from the Shelter and then turning into other city or county-run shelters.
• Negative interaction with shelter as to cause disruption of normal everyday functions
at shelter
Offenses:
• First Offense: suspension of 30 days, 1 year probation*
• Second Offense: suspension of 90 days, 1 year probation*
• Third Offense: suspension of 180 days, 1 year probation*
• Fourth Offense: suspended indefinitely
*Rescue Groups on probation, if violate their probation will be suspended for 1 year
89
February 2, 2015
6
Redemption
Rescue Groups with previous offenses who go 5 years with no additional offenses can
have their record cleared and will be restored to a clean record status.
Procedures for implementation of offenses to Rescue Groups:
Minor Offenses: as better defined in the Rescue Groups Procedures, Appendix B
(attached to the Person County Animal Services Ordinances, Rescue Group will be sent a
letter from PCAS Director and Director to notify PC Advisory Committee.
Major Offenses: PCAS Director to notify PC Advisory committee and Committee to
meet within 2 weeks to review. Rescue Groups may appeal the Director’s decision by
notifying PC Animal Advisory Committee and will be invited to the next scheduled
Committee meeting. PC Animal Advisory committee will render a decision and notify
the Rescue Groups within 10 working days of that meeting as to their decision.
Commissioner Jeffers voiced concerns related to individual interpretation of the
ordinance as written related to field trials and running at large without a rabies tag.
Commissioner Jeffers advocated for a rabies tag not be required on the animal and no fee
assessed if rabies verification could be provided with a 24-hour period. Both Mr. Shaw
and Dr. Soares supported all animals wearing a rabies tag to aid in identification if found
as well as to provide protection to anyone that encounters the animal for safety. Mr.
Shaw read an excerpt of Section 3, item B in the current Animal Services Ordinance as
follows “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….” Mr. Shaw and Dr. Soares stated their
interpretation of field trials would include hunting noting the dog would be running at
large during the lawful hunting season under the control of a competent person.
Commissioner Kendrick noted issues with the at large definition as previously
adopted by the Board of Commissioners. Mr. Shaw responded that the definition as
outlined is the state definition for the term at large.
Commissioners Jeffers and Clayton noted their opinions that the Citation Civil
Penalties were excessive at $50 and/or $100 per violation. Commissioner Kendrick
stated his support of the Citation Civil Penalties noting the taxpayers would not be paying
the bill for irresponsible pet owners. Ms. York added that the Citation Civil Penalties as
noted allowed the County to offset the expenditures by recouping costs of the officer
investigation, overhead costs and the often times, repeat visits. Mr. Shaw stated the
Animal Services Advisory Board discussed at length and came to the consensus of the
proposed amounts.
90
February 2, 2015
7
The Board discussed whether or not the fine and/or civil penalties collected would
go to the school system. County Attorney, Ron Aycock told the Board that civil penalty
proceeds are retained with the County and the NC Constitution provides that fines to be
sent to the school system in the County.
Commissioner Clayton stated preference that the County Attorney review that the
County would be in compliance with any such proposed proceeds. Commissioner
Clayton stated $25 was a more reasonable fee if the animal has been vaccinated but not
wearing the tag.
Ms. York suggested that staff could further clarify field trials as it relates to
hunting dogs and to specifically cite hunting. Mr. Aycock clarified the desire of the
Board to further define a hunting dog, not in hunting season to be allowed without the
direct supervision of its owner. Commissioner Jeffers replied that the state defines when
a dog can run on game lands with off season stipulations noting his desire for the
ordinance to specify the interpretation and enforcement during hunting season. Dr.
Soares reminded the group that hunting season(s) are predetermined by the state.
Mr. Shaw offered a suggestion to revise Section 19 to include the exemption for
hunting dogs during the lawful hunting season.
A motion was made by Commissioner Clayton and carried 5-0 to table for
further direction by the County Manager and County Attorney.
91
February 2, 2015
8
PUBLIC SAFETY COMMUNICATION TOWERS UPDATE:
General Services Director, Ray Foushee provided the Board with an update
related to the Public Safety Communication Tower proposed locations and presented the
terms of the proposed lease between Person County and Bethel Hill Charter School.
Mr. Foushee reminded the Board had funded $100,000 in the Fiscal Year 2015
budget to complete environmental studies and proceeded to give the individual site
updates as follows:
Woodland: The NC State Highway Patrol will fund the Woodland site tower
located at the southeast corner of the property behind the playground of Woodland
Elementary School. Due to the historical site on Wagstaff property across Highway 57
from the school, the County obtained approval from the State Historic Preservation
Office (SHPO) related to the tower height. The County requested 380 ft. but SHPO
approved 280 ft. with a 150 ft. fall zone. Mr. Foushee stated the drawings are ready and
the final lease should be ready for the Board’s next meeting on February 16, 2015.
Bushy Fork: Mr. Foushee stated the location of the Bushy Fork 300 ft. tower is
on county-owned property on the northeast corner of the property behind ball field #2.
The fall zone will be 100 ft. Mr. Foushee said the FAA has notified the County that the
Bushy Fork tower is in a holding pattern for aircraft that might land at the Whitfield
Farms Airport. Thus, the County may have to reduce the tower height from 300 ft. to 275
ft. Mr. Foushee added that any costs associated with engineering for the proposed towers
are included in the quotes provided however engineering towers for restricted fall zones
change costs from 5-10%. The County is pursuing another path study to verify the
necessary “line of sight” from tower to tower and should have the results within the next
two weeks. Mr. Foushee stated the site is within the Hyco watershed thereby enacting
the 12,000 sq. ft. disturbance regulation for storm water management however only 7,985
sq. ft. is expected to be disturbed. Mr. Foushee noted a 20 ft. fire access road would be
required which means the existing power pole and bleachers would have to be relocated.
Mr. Foushee stated that the SHPO approval was also received for this site due to the
Henry Vernon House nearby. The drawings for this site are being revised due to the fire
access road and drainage.
Mt. Tirzah: Mr. Foushee stated the location of the Mt. Tirzah 300 ft. tower will
be on the southeast corner of the property near the Moriah Fire Station. The fall zone
will be 50 ft. The drawings are currently being revised due to the tower relocation on the
property.
Bethel Hill: Mr. Foushee stated the location of the Bethel Hill 300 ft. tower will
be on the northern end of the property and the fall zone will be 150 ft. Mr. Foushee
stated the fire access road will need to be upgraded to reduce the slope.
92
February 2, 2015
9
Mr. Foushee presented the Board with terms of a draft lease between Person
County and Bethel Hill Charter School highlighting the additional terms that were not
listed in the draft which are:
Termination – County shall remove tower, etc., from premises within one year of
termination, unless Bethel Hill Charter School decides to take possession, and
Sublease – Bethel Hill Charter School shall be notified of any sublease and full
terms of sublease agreement. Bethel Hill Charter School also to be notified of any
exchange of service agreement with any business that uses the tower.
Mr. Foushee said that Bethel Hill Charter School has requested revenue sharing,
in the event that any cell carrier leases space on the tower. Staff has negotiated a 33%
Bethel Hill Charter School, 66% County split until the county’s capital cost is paid, at
which point the revenues would be split 50/50 between both parties.
County Manager, Heidi York noted the Board is requested to approve the terms of
the draft lease, provide input for any changes, further noting that the final lease will be
prepared and brought back to the Board for approval at a future meeting. Mr. Foushee
added the lease may be finalized and ready by the Board’s next meeting on February 16,
2015 for approval, and following such approval, the Bethel Hill Charter Hill Board of
Directors would address the lease at its February 19, 2015 meeting.
Vice Chairman Newell asked staff about the tower’s ability for multiple carriers.
Assistant County Manager, Sybil Tate stated the tower is being constructed to
accommodate two cell carriers.
Commissioner Jeffers asked the annual maintenance cost for the tower to which
Ms. Tate estimated $5,000 - $10,000.
Commissioner Kendrick inquired as to why volunteer fire departments sites were
not selected. Ms. Tate noted the volunteer fire departments were not as generous and
required a rent fee and/or did not have adequate space to accommodate.
A motion was made by Commissioner Clayton and carried 5-0 for staff to
proceed to finalize the lease between Person County and Bethel Hill Charter School with
the terms approved including the additional language requested by Bethel Hill Charter
School as presented.
The draft lease presented to the Board follows; however, this version does not
incorporate the following additional language:
Termination – County shall remove tower, etc., from premises within one year of
termination, unless Bethel Hill Charter School decides to take possession, and
93
February 2, 2015
10
Sublease – Bethel Hill Charter School shall be notified of any sublease and full
terms of sublease agreement. Bethel Hill Charter School also to be notified of any
exchange of service agreement with any business that uses the tower.
94
February 2, 2015
11
95
February 2, 2015
12
96
February 2, 2015
13
97
February 2, 2015
14
98
February 2, 2015
15
BOARD PROCEDURE:
Commissioner Clayton stated he added this item for discussion following a
weekly email from the County Manager that noted the Chairman and Vice Chairman
gave her operating requests instructions on certain things to do from now to the next
fiscal year. Commissioner Clayton noted when he served as Chairman or Vice Chairman
he never gave the Manager instructions without the resources of the full Board.
Commissioner Clayton stated should the Chairman or Vice Chairman desire to give the
Manager instructions, the full Board should be aware and/or vote on such. Commissioner
Jeffers added that the Manager stated during the Animals Services Ordinance discussion
that the County was to operate like a business, which was part of the direction given by
the Chairman and Vice Chairman noted in the email. Commissioner Jeffers stated
agreement with Commissioner Clayton that any such direction to the Manager should be
a consensus of the Board and/or a majority of the Board.
Chairman Puryear apologized to the members of the Board that took it the wrong
way noting the intention of that meeting was to create dialogue with the County Manager
since they have not had the opportunity to do so and to give her expectations on how they
would like to have communication. Chairman Puryear said he expressed to the County
Manager that each commissioner only has one vote. Chairman Puryear made the Board
aware that with any concerns, he would be available to discuss noting he intends to
communicate with each commissioner on upcoming issues to be well known before a
Board meeting.
CHAIRMAN’S REPORT:
Chairman Puryear reported the following:
o Attended a legislative breakfast at Piedmont Community College with its
Board of Trustees noting they are anxious to meet jointly with the
Commissioners related to the budget,
o Good news with the announcement made by PCC for the official opening
for the Kirby Rebirth project,
o Asked the County Manager to follow-up on the start of the Strategic Plan
process, and
o Reminder of the February 5, 2015 joint meeting with City Council at 5:30
pm at City Hall.
Commissioner Jeffers requested the Board of Commissioners to excuse him
momentarily to retrieve information from his vehicle for his report. It was the consensus
of the Board to excuse Commissioner Jeffers at 8:04 pm. Commissioner Jeffers returned
to the meeting at 8:06 pm.
99
February 2, 2015
16
MANAGER’S REPORT:
County Manager, Heidi York reminded the Board that at its February 16, 2015
meeting, a work session will immediately follow the end of the regular scheduled
meeting to discuss 1) landfill contract, and 2) public nuisance.
Commissioner Newell stated he was supposed to be on jury duty that day.
COMMISSIONER REPORT/COMMENTS:
Commissioner Clayton reported that many years ago, the County gave each of the
volunteer fire departments an appropriation on a rotating schedule in addition to the
annual funding from the County. Commissioner Clayton stated this rotation program
ended about the time the County created a Fire Marshal position with the intent that the
Fire Marshal would assist with deciding where the additional appropriation was needed.
Vice Chairman Newell asked for clarification related to state matching funds for
the volunteer fire departments. County Manager, Heidi York noted each individual
station could apply for interest free loans similar to the grant funding discussed through
USDA or Redleg type electric coops whereby the state matches funds. Ms. York stated
the Board had asked her to develop a Revolving Loan program for volunteer fire
departments’ capital needs to which she planned to bring before the Board at its meeting
on February 16, 2015 with the recommendation that the Board consider other options.
Commissioner Kendrick had no report or comments.
Commissioner Jeffers, as the liaison on the Department of Social Services (DSS)
Board, presented to the Board the highlights of the DSS Annual Report FY 2013-2014 as
follows:
• Protective Services for Children – 556 reports received as suspected child
abuse or neglect with 22% substantiated,
• Foster Care - 91 children in agency custody,
• Permanency Planning - 19 children living with parents but in DSS
custody,
• Adoption Services - 70 children received adoption services,
• Independent Living Skills - 54 youths eligible and 23 youths received
skills training to live outside foster care.
• Foster Care Licensure - 3 new homes licensed and 58 licensing home
visits,
• Services To The Elderly & Disabled - 38 legally blind individuals
received independent living skills, training, general assistance, and In-
Home Services,
• Community Alternatives - 46 citizens received services during the year,
• Adult Day Care - 35 client supervisory/monitoring visits made,
100
February 2, 2015
17
• Foster Care For Adults - 4 individuals assisted with out-of-home
placements,
• Guardianship - 29 legal guardianships,
• In-Home Aide Services - 9 individuals served with the average cost of In-
Home Aide Services $515 per client per month,
• Protective Services For Adults - 128 reports received,
• Medicaid At Risk Services - 23 individuals received services,
• Medicaid For Adults - 1,210 applications taken with 602 applications
approved and 353 cases terminated,
• Special Assistance - 198 recipients in rest homes,
• Special Assistance In Home - 4 people screened and approved for services
with a total of 9 individuals served during the year,
• Family Support Services/Child Support Services - $3,685,909 total
collections,
• Child Care Services - 488 children served with $223,229 (15%) provided
by Smart Start and 96 children on waiting list,
• Home Management Services - 214 home visits made with 209 families
served,
• Medicaid Transportation - 4,679 PATS trips, 3,592 gas vouchers used and
8,697 calls received on Medicaid Transportation request line,
• Service Intake - 4,572 individuals served,
• Work First -222 average number of cash assistance recipients per month,
• Work First Employment Services - 113 active Work First participants,
• Food & Nutrition Services - $11,189,765 in food assistance authorized; 1
in 4 households in Person County currently receive Food and Nutrition
Services (food stamps),
• Low Income Energy Assistance Program (LIEAP) - 726 applications
taken in office, 30 applications taken at other locations, 643 applications
approved with $164,400 total benefits to county residents,
• Medical Assistance For Families - 5,863 average number of children and
their caretakers served monthly,
• Fraud Services - 66 cases investigated, 53 cases substantiated with
$56,723 collected,
• North Carolina Health Choice For Children - 478 average number of
children covered monthly,
• Case Management Statistics for all Income Maintenance Programs - 7,408
applications taken with 6,028 applications approved and 8,758
determinations of continuing eligibility,
• Administration / Fiscal reported 35,948 client visits registered and 56,780
client documents scanned,
101
February 2, 2015
18
• Funding Sources –
Commissioner Jeffers commended the DSS staff, and all county employees, for
serving many people each and every day.
Commissioner Newell inquired as to the number of people that fall through the
cracks to which Commissioner Jeffers did not know.
Commissioner Jeffers said that the Turbo Tax software has a checklist that may
indicate individuals are eligible for food stamps and that, if checked, will generate an
application and automatically send to the individual’s county DSS to be screened and
processed.
RECESS:
A motion was made by Commissioner Kendrick and carried 5-0 to recess the
meeting at 8:20 pm until February 5, 2015 at 5:30 pm for the purpose to meet jointly with
Roxboro City Council in Council’s meeting room at City Hall.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
102
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: NC DOT Title VI Plan for Person Area Transportation System
Summary of Information: A Title VI Plan is required by NC DOT as a recipient of Federal
Transit Administration grants. This plan shows that the Person Area Transportation System
(PATS) is operating programs and services without regard to race, color, and national origin.
Any person who believes she or he has been aggrieved by any unlawful discriminatory practice
under the Title VI may file a complaint with PATS.
Recommended Action: Adopt the Title VI Plan to allow PATS to remain in compliance for
future grant programs.
Submitted By: Kathy Adcock, Transit Manager
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
2/16/2015
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 14,897
Public Safety 53,328
Human Services 228,951
Culture and Recreation 7,836
Transportation 22,382
Economic and Physical Development 4,446
Environemental Protection 389
Transfers to Other Funds 4,474
Contingency (121,394)
REVENUES General Fund
Intergovernmental 208,345
Charges for Services 6,185
Other Revenues 779
EXPENDITURES
PI Community Rehabilitation Program Fund and
Material Recovery Facility Fund
PI Community Rehabilitation Program (4,593)
Material Recovery Facility 1,167
REVENUES
PI Community Rehabilitation Program Fund and
Material Recovery Facility Fund
Intergovernmental (7,900)
Transfer from General Fund to PI 3,307
Transfer from General Fund to MRF 1,167
EXPENDITURES Airport Capital Construction Fund
2013 FAA NPE Funds (3,500)
Fuel System Upgrade 3,500
REVENUES Airport Capital Construction Fund
Federal funds: 2013 FAA NPE (2,960)
Local funds: 2013 FAA NPE (540)
Federal funds: Fuel System Upgrade 3,150
Local funds: Fuel System Upgrade 350
Explanation:
BUDGET AMENDMENT
Per auditor's instructions, correct revenue type for Cooperative Extension class fees from Other Revenue (-
$3,000) to Charges for Services ($3,000); transfer from Contingency/Insurance (-$121,394) the annual cost
of vehicle insurance coverage ($121,394); receipt for wellness gym fees ($170); receipt of NC Spay/Neuter
funds ($3,015); receipt of Arts Council donation for Kirby Rebirth project ($3,589); amend budget based on
FY15 ROAP disbursement ($4,383); receipt of donation for library programming ($190); receipt of additonal
Medicaid reimbursement funds ($196,062); fuel systems upgrade project ($3,500) at airport using available
funds from existing federal airport grant (-$3,500).
Budget Amendment 12128
129
130
131
132
133
134
135
136
137
138
139
140
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Revisions to the Person County Animal Services Ordinance
Summary of Information:
This item was discussed at the Board’s last meeting, on February 2, 2015 so this will be the
second read for the proposed revisions to the Ordinance. Staff was requested to clarify the
exemption for hunting dogs both during hunting season and during off seasons, as well as to
determine whether the citations would be retained by the County or given to the schools.
Article IX section 7 of the NC constitution provides as follows:
"The clear proceeds of all penalties and forfeitures and of all fines collected in the several
counties for any breach of the penal laws of the State, shall belong to and remain in the
several counties, and shall be faithfully appropriated and used exclusively for maintaining
free public schools."
The Person County Animal Services Ordinance was updated and adopted by the Board of County
Commissioners in May 2013. The Animal Services Advisory Committee has been working on
developing this proposed language to allow the Animal Services Officers to issue to citations for
violations of the Ordinance. These citations will not negatively impact the responsible pet
owners of Person County, but they will create warnings and fines for irresponsible pet owners.
This includes violations such as cruelty to animals, animals running at large, and not complying
with the state law for rabies vaccinations. The Advisory Committee is not proposing new laws,
rather a tool for enforcement of already existing laws.
In addition, the Advisory Committee is requesting the implementation of rescue group offenses
and resulting consequences as Appendix B to the Ordinance. This will improve operations at the
Shelter by helping to enforce the rules for animal rescue groups wanting to pull animals from our
shelter. The offenses are split into minor and major offenses and have corresponding penalties.
The minor offenses include not following through on pulling the animal after committing to pull
them and not adhering to the Rescue Group Procedures listed in Appendix B. While some major
offenses include turning animals into other city or county shelters and not being a licensed rescue
with the Department Agriculture.
If approved, these revisions would become effective May 1, 2015 allowing time to educate our
residents on responsible pet ownership and these new changes.
Recommended Action: Adopt the revisions to the Person County Animal Services Ordinance if
appropriate.
Submitted By: Heidi York, County Manager and Ron Aycock, County Attorney
141
1
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.
142
2
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:
143
3
A. Enforcing all State or County laws, ordinances and resolutions relating to dogs and cats,
and the care, custody and control of animals.
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.
144
4
F. It is recommended that animals be micro-chipped in the event that the collar and tags are
lost for identification purposes.
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.
145
5
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.
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: RABIES VACCINATION AND CONTROL
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:
146
6
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
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
147
7
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 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.
148
8
The head of such animal shall be submitted to the Person County Health Department for
shipment to the State Public Health Lab for testing.
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.
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:
149
9
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
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.
150
10
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.
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
151
11
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)
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.
152
12
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 vetererian 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
shelter, unless it has a current rabies vaccination.
153
13
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.
154
14
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
County Board of Commissioners. (See Appendix A).
155
15
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
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
156
16
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 1st day of May 2015 and supersedes any previous versions of
the ordinance.
Adopted, this, the 16th day of February 2015.
___________________________________________ ____________________________
Kyle Puryear, Chairman Date
Person County Board of Commissioners
157
Adoption Fee - includes age appropriate vaccinations $25.00
Deposit required for unaltered animal $75.00
1st Offense Reclaim $25.00
2nd Offense Reclaim (in one year period)$50.00
3+ in one year period, reclaim fee per offense $100.00
Regular holding per night $5.00
Quarantine holding per night $10.00
Rabies Vaccination $8.00
(if unvaccinated or no proof of vaccination)
Pick up litter of puppies or kittens $25.00
Pick up injured or sick dogs and cats $25.00
Rabies Vaccination (4 months old or older)$8.00
5 way vaccine $6.00
Rabies Vaccination (Times to be announced)$8.00
Trap Deposit
Cat or Dog Trap $25.00
Citation Violation Fees
No current or displayed Rabies Tag $50.00
Permitting a dog to run at large $50.00
Allowing a female "in heat" to run at large $100.00
Cruelty to animals $100.00
Interfering with an Animal Services Officer $100.00
Not surrendering animal for quarantine $100.00
Nuisance $100.00
Leaving a dangerous dog unattended unless confined indoors $100.00
or in securely enclosed and locked pen
Appendix A
Fees
Adoption Fees
Rabies Clinic
Rescue Pull Fees
Animal Pick Up Fees
(Deposit will be refunded if completed before the deadline that is stated on
adoption contract)
Reclaim Fees
158
1
Appendix B
Rescue Group Procedures
The purpose of this policy is to establish standard operating procedures for Person
County Animal Services and all rescue groups that wish to pull animals from Person County
Animal Shelter. In making animals available to organizations, the Person County Animal
Service's goal is to improve the lives of animals in our county. In order to attempt to find
homes for as many animals as possible and reduce euthanasia rates, all organizations that care
for homeless animals must work together to provide the greatest opportunity for adoption
without prejudice towards organizations that are forced to euthanize animals. A community
cooperative approach to reducing pet overpopulation is the goal 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 50 I
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. 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 on account of such
animals.
1. Rescue groups wishing to rescue animals must be a non-profit organization with
501 paperwork. Each rescue group must submit a copy of its 501 papers and a list of
agents authorized to pick up animals from the Person County Animal Shelter.
2. All rescue groups must have an application approved by the Person County Animal
Services Director (hereinafter "Director"). A rescue application may be denied by
the Director, in which case he/she will send an explanation for the denial in writing.
3. Person County Animal Services will notify an applying rescue group of the approval
or denial of its application and will do so within 10 business days of the receipt of the
application.
4. In the event a rescue group's application is denied, the group may appeal the decision
to the Animal Services Advisory Committee. The Committee will meet within 2
weeks and notify the group of its decision within 10 days after that meeting. If the
Committee overturns the denial, the application will be forwarded to the Director, and
will be signed by the Chairperson of the Committee signifying approval of the
application.
159
2
5. A rescue group may have its privileges to pull animals from Person County
Animal Shelter suspended by the Director. The Director will notify the Animal
Advisory Committee. The Committee will meet within 2 weeks to review the
suspension. The Animal Services Advisory Committee will notify the suspended
rescue group within 10 days after that meeting of its decision.
The guidelines for rescue groups are as follows:
1. Adherence to animal pull procedures which include date and time limits.
2. Cordial interaction between all parties.
3. Not violating any of the other rules or provisions provided herein.
4. All rescue groups are to make arrangements to pull all animals they intend to
rescue prior to the day the animals is scheduled for euthanasia.
5. All rescues are to be coordinated through the Rescue Coordinator.
6. All animals will be held at the Person County Animal Shelter for the mandatory
72 hours impoundment period after arriving at the shelter, and no animal is to be
released prior to the expiration of this time. (Except as outlined in Section 4 of
the Person County Animal Services Ordinance.)
7. The adoption agent will have 1st choice of animals that are in holding. If an
animal is placed in adoption and does not get adopted, the rescue group will be
notified that they may pull the animal.
8. Animals can be tentatively reserved while they are in the holding. The following
information needs to be directed to the Rescue Coordinator:
Intake number, cage number, brief description to be sent to the Rescue
Coordinator by email or by a written notice. Rescue Coordinator must be
notified by 4:00 p.m. on day before animal is due to be released from
holding.
Example: Hold Until Date 7/2/10
Notify Rescue Coordinator no later than 4:00p.m. on 7/1/10
9. You will be notified if the animal you reserved is put up for adoption, has been
adopted, reclaimed or has become ill. If it is in the best interest of the animal due
to unforeseen issues, the animal will be humanely euthanized before you are
notified. If a qualified potential adopter and a rescue group are interested in the
same animal, the adopter will be given preference according to NC G.S.l30A-
192(al).
160
3
10. If a rescue group reserves an animal, Person County Animal Shelter will place the
animal in the rescue holding cages and will place a card on its cage stating the name of
the group and the date by which the animal will be pulled by the rescue group.
11. Age appropriate vaccinations will be given upon request to animals when they are
moved to Rescue Holding. Rescue Groups will be responsible for the cost of the
vaccinations which will be billed on a monthly basis. See Appendix A for cost.
12. A rescue group's request to reserve an animal may be denied at the discretion of the
Director.
13. Rescue group members are not allowed to euthanize or medicate animals at the
Person County Animal Shelter.
14. Before leaving the Person County Animal Shelter with any animal, a rescue group
member must notify a shelter employee.
15. Animals that have been reserved can be picked up during normal business hours.
16. Rescue groups must have procedures for sterilization of the animals that they
adopt out.
17. Any questions regarding the animals will be directed to the Rescue Coordinator.
If the coordinator is not available, the questions should be submitted in writing.
161
4
Rescue Group Offenses
Minor:
• Not following Rescue Group Procedures listed in Appendix B of the Animal Control
Ordinances.
• Not following through after “tagging” pets for rescue.
Offenses
• First Offense: written warning
• Second Offense: suspension of 30 days
• Third Offense: suspension of 90 days
• Fourth Offense: suspension of 180 days
Major:
• Using a 501c3 IRS designation that is not current.
• Not adhering to state and federal animal welfare and cruelty laws.
• Not making sure all pets pulled by rescue are spayed/neutered as required.
• Not licensing rescue with the Department of Agriculture if required (more than 9 rescue
pets in any foster home.)
• Pulling from the Shelter and then turning into other city or county-run shelters.
• Negative interaction with shelter as to cause disruption of normal everyday functions at
shelter
Offenses:
• First Offense: suspension of 30 days, 1 year probation*
• Second Offense: suspension of 90 days, 1 year probation*
• Third Offense: suspension of 180 days, 1 year probation*
• Fourth Offense: suspended indefinitely
*Rescue Groups on probation, if violate their probation will be suspended for 1 year
Redemption
Rescue Groups with previous offenses who go 5 years with no additional offenses can have their
record cleared and will be restored to a clean record status.
Procedures for implementation of offenses to Rescue Groups:
Minor Offenses: as better defined in the Rescue Groups Procedures, Appendix B (attached to the
Person County Animal Services Ordinances, Rescue Group will be sent a letter from PCAS
Director and Director to notify PC Advisory Committee.
Major Offenses: PCAS Director to notify PC Advisory committee and Committee to meet within 2
weeks to review. Rescue Groups may appeal the Director’s decision by notifying PC Animal
Advisory Committee and will be invited to the next scheduled Committee meeting. PC Animal
Advisory committee will render a decision and notify the Rescue Groups within 10 working days of
that meeting as to their decision.
162
163
164
165
166
167
AGENDA ABSTRACT
Meeting date:
February 16, 2015
Agenda Title:
Volunteer Fire and Rescue Capital Funding Options
Summary of Information:
Presenting two possible capital funding options for the Volunteer Fire and Rescue
Agencies:
Revolving Loan Program
Capital Reserve Program
Discussion will include a summary of the structure, funding elements, benefits,
concerns, and on what basis the funds would be distributed. If either program is
chosen, staff will prepare a formal Policy and Resolution for the next meeting that
will include the authority necessary to transfer remaining funds from the existing
Revolving Loan Program for Small Business Development ($181,246) to the new
approved fire and rescue capital program.
Recommended Action:
To direct staff on which capital program (if either) to implement beginning for FY
2015-16.
Submitted By:
Amy Wehrenberg, Finance Director
168
Revolving Loan Program•Offers 0% interest loan as additional source of funding to VFD’s & Rescue Squad for vehicle/equipment capital to be paid back over a specified term•Available funding for first year? •Existing $181K from existing RLP for Small Business Loans•General Fund•In order for the loan program to continue, additional funds will be needed each year; minimum level to be established•Other term options?: Required match, loan thresholds, loan fees, payback terms, penalty payment, required documents, review process, etc.•Many decisions to be made under this program to address the risk that loans entail for both the lender and borrower1169
Revolving Loan Program (cont.)•Funding limitations: depends on availability of funding, eligibility determination, and amount of loan(s) issued•Some agencies have already confirmed ineligibility for program•Addresses larger, critical capital needs for select and financially solvent fire and rescue agencies•Agencies may not be able to apply for large amounts if it jeopardizes thresholds established by the State for other grant funding•Loan process: average 3 month timeframe for being able to disburse funds2170
Capital Reserve Program•Offers additional source of funding to VFD’s & Rescue Squad for vehicle/equipment capital with no payback requirement; distributed on a request/justification basis•Available funding for first year? •Existing $181K from existing RLP for Small Business Loans•General Fund•A consistent funding stream would provide for a better planning tool for both the County and the agencies receiving the capital.•Funds would be appropriated similar to the operational funds (based on # of stations in each fire district); General Fund only source of funding after first year•Remaining funds from less than 100% requested allocations would roll forward to the next year, to be added to Board approved funds3171
Capital Reserve Program (cont.)•Flexibility to plan ahead for larger capital needs, as well as address their most critical needs per year•Prevents a department from waiting 5+ years for capital support (old Capital Rotation Program)•Avoids cumbersome and lengthy loan process; average timeframe for disbursing funds is 1 month•Limits funding streams to come under required thresholds set by the State for grant opportunities•Can contribute to lowering fire insurance rating, reducing the homeowner’s insurance cost for residents in those districts.4172
Program Comparison Summary•Revolving Loan ProgramOffers 0% interest loan for specified termProvides larger amount to eligible agencyFunding sources are General Fund & debt pytsDistributed on request & eligibility basisAverage timespan to disburse funds: 3 months•Capital Reserve ProgramOffers capital support with no payback requirementProvides a smaller pro-rata portion to allagenciesFunding source is General Fund onlyDistributed on request & justification basisAverage timespan to disburse funds: 1 month5173
QUESTIONS?174
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Request for Special Use Permitting Policy at specific Recreation, Arts, and
Parks Facilities and Person County Museum Grounds and Revised Person
County Ordinance Regulating Possession or Consumption of Malt
Beverages or Fortified Wine on County Property
Summary of Information:
The Person County Recreation Advisory Board (RAB) is requesting consideration for Special Use
Permitting of Alcohol Beverages for specific rental facilities and performance venues. At the
February 4, 2015 meeting the RAB voted unanimously to bring the request back to the Person
County Board of Commissioners to reconsider the proposed Special Use Permit/Policy and Revised
Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified
Wine on County Property. The Recreation Advisory Board is requesting consideration from the
Board of Commissioners to adopt the Special Use Alcohol Permit/Policy and the revised Person
County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on
County Property for specific facilities including:
DESIGNATED BOUNDARIES.
1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the
grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide
and in the stage area within 50 feet from the left, right and back of the stage.
2. Mayo Park Environmental Community Center within the center and within 50 feet
from all sides of the building.
3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community
Gallery (Hallway) and main theatre seating area (both upstairs and downstairs).
4. Person County Museum Grounds within the museum and no further than 50 feet from
the property line.
Recommended Action:
Review, Discuss, and Vote for approval for the following policies and ordinance:
1. Special Use Alcohol Permit and Policy for Specific County Recreation Facilities.
2. Person County Ordinance of Alcohol Beverages on County Property (Revised).
Note: A Public Hearing is not required for adoption of the proposed ordinance. The Board of
Commissioners may call for a public hearing to be scheduled, if desired. If a public hearing is not
held for public comments, adoption at first reading must be by unanimous vote. If not unanimous, a
second reading will take place at the Board’s next regular scheduled meeting to which a majority
vote will rule.
Submitted By: John Hill, Director of the Recreation, Arts, and Parks &
Donald Long, Chairman of the Recreation Advisory Board
175
Page 1 of 2
An Ordinance Regulating Possession
Or
Consumption Of Malt Beverages Or Unfortified Wine
On County Property
Whereas, N.C.G.S. 18B-300 authorizes a county to regulate or prohibit the
possession or consumption of malt beverages or unfortified wine on property owned,
occupied or controlled by that County; and
Whereas, in May of 2008 the Person County Board of County Commissioners
enacted an ordinance which prohibited use or consumption of malt beverages or
unfortified wine on all property owned, occupied or controlled by Person county,
and
Whereas, The Person County Board of County Commissioners desires to prohibit
the possession or consumption of such malt beverages or unfortified wine on most
property owned, occupied or controlled by the County and to regulate the use of
such beverages on other property.
Now, Therefore Be It Ordained by the Person County Board of County
Commissioners:
Section 1- The ordinance adopted on May 19th 2008 prohibiting the possession or
consumption of malt beverages and unfortified wine on County property is hereby
repealed.
Section 2- No person shall possess open containers or consume malt beverages or
unfortified wine on property owned, occupied or controlled by Person County
except in those locations specified below and in accordance with an approved
Person County Permit and a North Carolina State Alcohol Beverage Permit:
a. Mayo Park Amphitheater in the concrete seating areas directly in front of the
stage, the grass seating area directly in front of the stage in an area 200 feet long
by 130 feet wide and in the stage area within 50 feet from the left, right and back
of the stage, and
b. Mayo Park Environmental Community Center within the center and within 50
feet from all sides of the building, and
c. Kirby Cultural Arts Complex within Gallery front room (main gallery),
Community gallery (Hallway) and main theatre seating area (both upstairs and
downstairs), and second floor galleries, studio/event rooms, and reception areas,
and
d. Person County Museum Grounds within the museum and no further than 50 feet
from the property line.
176
Page 2 of 2
Section 3- Definitions. The definitions of “malt beverages”, “unfortified wine” and
“open containers” shall be as defined in Chapter 18B of the North Carolina General
Statutes.
Section 4- Penalties. Violations of this ordinance shall be a misdemeanor as
provided for in N.C.G.S. 14-4.
Adopted this the __ day of _____, 2015.
______________________________
Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
_______________________________
Brenda B. Reaves, NCCCC, CMC
Clerk to the Board
177
PARKS AND RECREATION FACILITIES
SPECIAL USE ALCOHOL PERMIT
The consumption of malt beverages and unfortified wines is ONLY allowed at the
following locations with approved Person County Permit and North Carolina State
Alcohol Beverage Permit:
1. Mayo Park Amphitheater (See Designated Boundaries)
2. Mayo Park Environmental Community Center (See Designated Boundaries),
3. Kirby Cultural Arts Complex
4. Person County Museum Grounds
Facilities as evidenced by a permit approved by the Recreation, Arts, and Parks Director.
If permitted to serve malt beverages and/or unfortified wines, certain activity/space
restrictions may be enforced.
Person signing as the “Responsible Party” is responsible for any and all types of liability
related to this event.
NAME OF APPLICANT / RESPONSIBLE PARTY
________________________________________________________________________
NAME OF GROUP (IF APPLICABLE)
________________________________________________________________________
STREET
ADDRESS:______________________________________________________
CITY____________________ STATE:_____________ ZIP CODE:_____________
DAY TELEPHONE:________________________________
EVENING TELEPHONE:___________________________
CELL PHONE:____________________________________
REQUESTED PARK FACILTY:__________________________________________
FROM: ________________________________ TO:___________________________
178
2
DATE REQUESTED:__________________ HOURS OF USE:_____________
DESCRIPTION OF RENTAL: (In detail, attach additional information if needed):
________________________________________________________________________
________________________________________________________________________
TYPE(S) OF ALCOHOL TO BE SERVED (Beer or Wine): _____________________
HOW DO YOU PROPOSE TO SERVE THE ALCOHOL? (i.e. plastics cups, glass,
bottle, cans, keg, etc.)
______________________________________________________________________
Quantities of Alcohol to be served (see regulations 5, 6, 7, 8)
______________________________________________________________
Will bartenders be used / employed?
Yes ☐ No ☐ If “yes”, are they certified? ______________________________________
Yes ☐ No ☐ If “yes”, attach a copy of certificate
b. If “yes”, are they from an agency? Yes ☐ No ☐
AGENCY NAME: _______________________________________________________
AGENCY CONTACT PERSON: ___________________________________________
AGENCY ADDRESS: ____________________________________________________
AGENCY PHONE NUMBER: _____________________________________________
Will alcohol be sold?
Yes ☐ No ☐
Will donations be taken to defray costs?
Yes ☐ No ☐
Will there be a fee paid to purchase a ticket to this event?
Yes ☐ No ☐
IF YES TO ANY OR ALL, a copy of the ABC Board permit will be required no later
than 7 calendar days in advance of the event’s beginning time. (According to ABC
Regulations, to “sell” by one of the above methods, you must be a non-profit group
[501 (c) 3]. Individuals may not obtain one.) The cost is $50 and the ABC
Board must have their application at least three weeks prior to the event.
Certificate of 501(c) must be provided with this application.
ABC Board phone number: 1-336-599-8294. http://abc.nc.gov/permits/special.aspx
179
3
EXPECTED NUMBER OF ATTENDANTS / GUESTS AGE 21 OR OLDER:
________________________________________________________________
EXPECTED NUMBER OF ATTENDANTS UNDER 21:___________________
PERSON COUNTY RESERVES THE RIGHT TO REQUIRE OFFICIALLY
SWORN CITY OF ROXBORO POLICE OFFICERS OR PERSON COUNTY
SHERIFF DEPUTY TO BE ON DUTY FOR EVENTS
EXPECTING 150 OR MORE GUESTS. It is the responsibility of the rental group
to pay for the sworn officers cost in addition to the rental fee. The number of officers
required will be determined by the Person County Recreation, Arts and Parks Department
along with the advisement of the Roxboro Police Department and/or Person County
Sheriff Department is based on the rental description and event (generally 1:150 persons).
Officers are not allowed to be in the room where alcohol is being served. They will
remain in close proximity just outside the area where the alcohol is being served. Officers
will take no part in the serving of alcohol, including determination of intoxication.
Should their services be needed because of a disturbance or the like, the officer’s
presence must be requested. Please make sure the information above is as accurate as
possible, as providing incorrect information will cause this permit to be null and void.
The names and correct phone numbers of the officer(s) will be required no later than 7
calendar days in advance of the event’s beginning time.
ACKNOWLEDGMENTS: Carefully read and initial each statement below:
________ I am familiar with and hereby agree to abide by all state, county and city
regulations governing the transport, sale, and distribution of alcoholic beverages while
using Person County owned property and/or premises.
________ I hereby acknowledge that no Person County Government employee, while on
duty/work time will engage in the serving of alcohol in connection with this permit.
________ I hereby acknowledge that no guest or attendee of the function to which this
permit applies will be served alcohol while intoxicated.
________ I hereby acknowledge that adequate precaution has been taken to insure that
intoxicated guests or attendees will be identified and prohibited from operating motor
vehicles.
EQUAL OPPORTUNITY: Person County Recreation, Arts, and Parks Department does
not discriminate on the basis of race, color, national origin, sex, religion, age, sexual
orientation or disability in employment opportunities or the provision of service,
programs or activities. A participant alleging discrimination on the basis of any of the
aforementioned areas may file a complaint with the Director of the Person County
Recreation, Arts, and Parks Department or the Office of Equal Opportunity, US
180
4
Department of the Interior, Washington, D.C. 20240. Failure to provide full disclosure of
the requested information may be grounds for denial of an activity permit. The Applicant
/ Responsible Party herein affirms that he/she has read and understands the statements
and disclosures made in this form, that the information disclosed herein is true and
correct to the best of his/her knowledge and belief, and that all acknowledgments herein,
including the attached Release and Indemnification Agreement, were provided by the
undersigned while under oath.
This the ________________ day of _____________________, 20_______.
__________________________________(SEAL)
Signature of Applicant / Responsible Party
______________________________________________________________________
Printed Name
______________________________________________________________________
Title / Position
Sworn to and subscribed before me this the
________________________ day of ________________, 20____________________
Notary Public
My Commission Expires: ________________________________________________
181
5
RELEASE AND INDEMNITY AGREEMENT
WHEREAS, the undersigned has requested the use of services, equipment, or facilities
belonging to or under the auspices of Person County Government, North Carolina, and do
engage in activities for the exclusive benefit of the undersigned; and WHEREAS, the
Person County Government is not liable for any damages arising from personal injury or
property damage sustained thereby; NOW, THEREFORE, In consideration of the mutual
promises and other good and valuable consideration, the undersigned does hereby for
himself, his heirs, executor, employers, successors or administrator, and personal
representatives:
A. Assume full responsibility for any personal injury or any damage to his/her personal
property which may occur directly or indirectly in the course of (fully describe the
activity/rental and date of occurrence)
B. Fully and forever release and discharge Person County Government, its agents,
officials, and employees, from any and all claims, demands, damages, rights or action, or
causes of action, present or future, whether the same be known, anticipated or
unanticipated, resulting from or arising out of the above described activity/rental.
C. Agree to fully indemnify Person County Government for any costs, expenses or
damages incurred as a result of any personal injury or property damage resulting from or
arising out of the above described activity/rental, such costs to include reasonable
attorney fees.
D. Agree that it is the intent of the undersigned that this RELEASE AND INDEMNITY
AGREEMENT shall be in full force and effect any time after the execution hereof.
Approval for this alcohol permit is at multiple levels. Three (3) weeks will be required by
Person County Government to route it for signature. Not adhering to this timetable may
result in the inability to serve alcohol at your event, and the facility reservation will not
be refunded. I have read and understand the above information and agree that it is true
and accurate. I accept the responsibility of the actions of the persons attending this rental.
Responsible Party Signature:________________________________________________
Date:________________________________
182
6
PERSON COUNTY EXECUTION:
All signatures are by the position listed or his/her designee.
Facility Manager:________________________________________Date:____________
Parks and Recreation Director:______________________________Date____________
Approve ☐ Deny ☐
Person County Manager:__________________________________ Date:____________
Approve ☐ Deny ☐
If denied, state reason for
denial___________________________________________________________________
APPROVED AS TO FORM PERSON COUNTY ATTORNEY
BY:_____________________________________________
183
7
SPECIAL USE PERMIT RULES AND REGULATIONS
1. Requesting person must provide proof that he/she is at least 21 years of age.
2. Only beer and/or wine is permitted in the boundaries of the special use permit areas
with approval. All other Person County grounds and facilities are prohibited from
possession or consumption of alcoholic beverages.
3. Requesting person is personally responsible for monitoring all activities relating to
alcohol and for bringing all approved alcohol to the designated County facilities.
4. Requesting person must sign and hold harmless Agreement with Person County
government.
5. The Amounts of alcoholic beverages to be served at each event shall fall within the legal limits
of North Carolina State Law as defined by the North Carolina Alcoholic Beverage Control Laws
and Regulations.
6. Permit will not be granted to college fraternities or sororities, unless a letter of support
from the college or university president or designee accompanies the request for
special use permit.
7. Individuals, organizations, companies, or family reunions that fail to abide to County
facility and parks rules and regulation or cause problems due to alcohol will have
their permit revoked and run the risk of future permit denials and/or harsher
legal penalties.
8. Sign must be posted stating “NO ALCOHOLIC BEVERAGES WILL BE SERVED TO
ANYONE BORN AFTER ____________”
9. No Alcohol shall be served or consumed within one hour of event or rental end time.
This does not apply to events that are not scheduled to exceed two hours.
10. Person County Government reserves that right to refuse permits to any County owned
recreation facility at the discretion of the Director of Recreation, Arts, and Parks
Department based on, nature of the event/performance, failure to disclose all details
of the event, disregard of the rules, laws, and policies, or any related reason that will
have to potential to negatively effect the quality of the facilities, public safety,
image/perception of the facilities, and/or any other negative effect toward Person
County Recreation, Arts, and Parks Department.
I have read and agree to the rules and regulations of this special use permit policy and application.
I have proved accurate information in my application for special use permit.
Print Name:___________________________ Signature: ________________________
Date: ________________________________
184
8
DESIGNATED BOUNDARIES.
1. Mayo Park Amphitheater in the concrete seating areas directly in front of the
stage, the grass seating area directly in front of the stage in an area 200 feet long
by 130 feet wide and in the stage area within 50 feet from the left, right and back
of the stage.
2. Mayo Park Environmental Community Center within the center and within 50
feet from all sides of the building.
3. Kirby Cultural Arts Complex within Gallery front room (main gallery),
Community gallery (Hallway), main theatre seating area (both upstairs and
downstairs), and second floor galleries, studio/event rooms, and reception areas.
4. Person County Museum Grounds within the museum and no further than 50
feet from the property line.
185
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Kirby Second Floor Rental Rates and Fees
Summary of Information:
The Person County Recreation, Arts, and Parks Department along with its partners from Piedmont
Community College (PCC) Cultural Arts Division have worked together to devise the fee structure
for the newly renovated second floor of the Kirby Cultural Arts Complex. The fee structure was
devised through research conducted by the Assistant Manager’s intern, Parks and Recreation Staff,
and PCC Cultural Arts Staff. Research was conducted by viewing neighboring cities and counties
that have like facilities with similar uses. The fee structure was devised in a manner that will
generate revenue while preventing the facility from being price restrictive to all user groups.
The fee structure was presented to the Person County Recreation Advisory Board at their February 4,
2015 meeting for discussion and input. The Recreation Advisory Board agreed with the fee structure
and adopted for approval to send to the Person County Board of Commissioners for approval.
The Person County Parks and Recreation Department wishes to have these rental fees in place in
anticipation of having the second floor open for operation/business in March.
Recommended Action:
Review, discuss, and approve the attached Fee Structure for the Kirby Cultural Arts Complex Second
Floor.
Submitted By:
John Hill, Director of the Person County Recreation, Arts, and Parks Department
186
RENTAL, PERSONNEL, AND EQUIPMENT RATES FOR KIRBY CULTURAL ARTS COMPLEX
Fees for holiday dates will be double the regular rental fees for the facility as well as equipment and
personnel, if available.
A. SECURITY DEPOSIT $200.00 - FOR AUDITORIUM AND WHOLE SECOND FLOOR RENTAL
B. EXPLANATION OF CATEGORIES AND FEES FOR BUILDING USE:
CATEGORY I Public supported schools of Person County and Person County governmental agencies
PERFORMANCES, REHEARSALS, SECOND FLOOR STUDIO RENTAL, SECOND FLOOR HALL
RENTAL & SECOND FLOOR WHOLE FLOOR RENTAL No Charge – Unless Kirby Staff is
utilized outside normal operational hours (8-5) and/or additional staff is needed.
CATEGORY II Private, non-profit organizations and agencies in Person County that
have a tax-exempt number or are supported by tax funds of the
community. (Documentation of tax-exempt status must be provided.)
AUDITORIUM PERFORMANCES $200.00 per
performance
AUDITIORIUM REHEARSALS $25.00 per hour
SECOND FLOOR STUDIO RENTAL $10/hour,
$40/day
SECOND FLOOR HALL RENTAL $20/hour,
$80/day
SECOND FLOOR - WHOLE FLOOR RENTAL $75/hour,
$300/day
CATEGORY III Private, profit making organizations and agencies
AUDITIORIUM PERFORMANCES $300.00 per
performance
AUDITIORIUM REHEARSALS $25.00 per hour
SECOND FLOOR STUDIO RENTAL $20/hour,
$80/day
SECOND FLOOR HALL RENTAL $30/hour,
$120/day
SECOND FLOOR - WHOLE FLOOR RENTAL $100/hour,
$400/day
ALL CATEGORIES CONCESSION FEE: $25 per day
C. EVENT PERSONNEL AND EQUIPMENT RATES
1. LIGHTING:
SPOTLIGHT TECHNICIAN $12.00 per hour (minimum 2 hour rental)
SPOTLIGHT EQUIPMENT
Category I No Charge
Category II & III $10.00 per hour (minimum 2 hour rental)
LIGHTING TECHNICIAN $17.00 per hour (minimum 2 hour rental)
2. SOUND:
SOUND TECHNICIAN $17.00 per hour (minimum 2 hour rental)
SOUND EQUIPMENT
Category I No Charge
Category II $10.00 per hour for rehearsals and performances
Category III $50.00 per performance
$10.00 per hour for rehearsals
3. HOUSE MANAGERS/EVENT STAFF: $10.00 per hour
4. PIANO TUNING ON DEMAND $150.00
187
5. PIANO RELOCATION TUNING – (Done upon return to auditorium floor level) – Lessee
uses own manpower under Kirby staff supervision and are responsible for any damage
when moving the piano from auditorium floor level to stage level and the return of the
piano to the floor level after performance. Tuning of piano is mandatory when returned
to floor. $150.00
6. TICKET SALES – Transactions for tickets will be For tickets $1-10 $0.50
processed by Person County and check will be For tickets $11-$15 $1.00
requested minus the ticket fees after last rental For tickets $16-$20 $1.50
date. Ticket Sales are subject to any additional For tickets $21-up $2.00
sales tax and processing fees.
Adopted – July 10, 2002 – Recreation Advisory Board, Effective – July 10, 2002; Revised – March
3, 2004 – Recreation Advisory Board, Effective – March 15, 2004; Revised – April 7, 2004; Revised –
January 19, 2011; Adopted – March 7, 2012 – Recreation Advisory Board; Revised – July 1, 2012; Revised
July 3, 2013 – Recreation Advisory Board; Adopted – January 8, 2014 – Recreation Advisory Board
188
189
AGENDA ABSTRACT
Meeting Date: Feb. 16, 2015
Agenda Title: Public Safety Communication towers lease documents
Background information:
The BOC funded $100,000 in the FY15 budget to complete environmental studies for four tower
locations. The towers will improve our public safety communications system. The State has assumed
responsibility for constructing the Woodland tower. The total cost of construction of the remaining
three towers is estimated at $3.6M.
Summary of Information:
Attached is the final lease document for Bethel Hill. The terms of the lease were agreed upon at the
Feb. 3, 2015 BOC meeting. The lease will be signed when the final survey is completed.
The Woodland site belongs to the county and is leased to the Board of Education. In order to lease
the tower site to the State, the county must amend the lease with the Board of Education, releasing
the area where the tower will be built. Attached is a draft of the lease amendment. Once the
amendment is approved, the State will lease the property from the county. The State will follow the
same leasing procedure as was used to lease the Critcher-Wilkerson site from the county.
Recommended Action: Approve the Bethel Hill lease and the lease amendment for the Woodland
site.
Submitted By: Assistant County Manager, Sybil Tate
190
Page 1 of 5
NORTH CAROLINA
PERSON COUNTY
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this XX day of XXXXX, 2015, by and between
the Person County Board of Commissioners (hereinafter referred to as the “County”), and Bethel Hill
Charter School (hereinafter referred to as “Bethel Hill”).
WITNESSETH:
WHEREAS, the County and Bethel Hill wish to work together to improve public safety
communication and broadband access in the unserved areas of Person County for economic
development and educational purposes; and
WHEREAS, the County has agreed to construct a communications tower, which will also
accommodate broadband equipment, at Bethel Hill Charter School, provided that it can obtain a
lease for the property; and
NOW THEREFORE, Bethel Hill does hereby rent, lease and demise unto the County for the
term and under the terms and conditions hereinafter set forth, the Premises with all rights, privileges
and appurtenances thereto belonging.
The terms and conditions of this Lease are as follows:
1. Premises. Bethel Hill hereby leases to the County the fenced land containing .105 acres
or 4,580 square feet shown and described as “Bethel Hill” on the survey attached and
titled “Exhibit A.” The area shown and described on the survey shall be hereinafter
referred to as the “Premises.” The Premises shall consist of non-exclusive space to
accommodate a 300' self-supported communication tower ("Tower") constructed by the
County. The Tower may include antennas and equipment (as described below) at
differing heights. The tower shall have a 150 foot fall zone or 1.62 acres.
2. Term. The term of this Lease shall be for a period of twenty-five (25) years, commencing
on the X day of X, 2015 and terminating on the X day of X, 2040 (the "Initial Term").
This Lease shall automatically be renewed for one (1) additional twenty-five (25) year
period (the “Renewal Term”) upon all the terms and conditions set forth in this Lease;
provided that Bethel Hill, in its sole discretion, may elect not to renew this Lease by
giving the County not less than six (6) months advance written notice prior to the end of
the Initial Term (the Initial Term and the Renewal Term are collectively referred to herein
191
Page 2 of 5
as the “Term”).
3. Rent. County shall pay to the Board as rental for the Premises, the sum of ONE
DOLLAR ($1.00) for the Term.
4. Use and Equipment. The County may use the Premises for the purpose of constructing
and installing a 300’ self-supported communications tower (the “Tower”), equipment
building (the “Building”), concrete generator pad, ice bridge structure and fencing and for
the purpose of installing, operating, maintaining, repairing, replacing and removing,
intellirepeaters, microwave dishes, batteries, chargers, UPS, generator transfer switch(s),
antennas, broadband equipment, transmission lines, waveguides, cables, wires, receivers,
generators(s) and any other equipment deemed necessary for completion of the project
(all such equipment whether located in the Building or on the Tower being collectively
referred to herein as the “Communications Equipment”). The County's use of the
Premises shall be in accordance with all applicable Federal, State and local governmental
laws and regulations.
5. Maintenance/Utilities. During the Term, the County shall be responsible, at its own
expense, to maintain and operate the Tower, including, but not limited to all utility
charges attributable to the use of the Premises. The County shall repair at its own expense
damage to the Tower, the Building or the Communications Equipment, which is the result
of the County’s use of the Premises except if such cost arises out of the negligent or
wrongful acts or omissions of Bethel Hill, its contractors or agents.
6. Access. Bethel Hill grants to the County an easement for ingress and egress for the Term
over and upon such portion of its property lying between the Premises and public right(s)
of way. Specifically, the county shall have an easement for ingress and egress for the
Term over and option that certain roadway identified and being more particularly
described as “Existing Earthen Access Drive to be Upgraded with Gravel” on “EXHIBIT
A”, so that the County may access the Premises for the purposes set forth herein. Bethel
Hill warrants and represents that it has the right to convey the easement(s) for ingress and
egress hereby granted. The County shall be responsible for the cost of repairing any
damage caused by the County’s use of such roadways.
7. Insurance. The County shall maintain at all times during the term of this Lease, at its
sole expense, liability insurance in the minimum amounts of $500,000.00 in case of
injury to one person, $1,000,000.00 in the case of injury to more than one person in the
same occurrence, and $250,000.00 in the case damage to property caused by the
negligence or tort of any agent or employee of the County when acting within the scope
of his authority or the course of his employment in performing the activities on or about
the Premises. The County shall indemnify, protect and save harmless Bethel Hill from
and against loss or damage to any equipment or improvements placed by the County on
the Premises. Bethel Hill shall not be liable for any injuries or death of any persons
suffered by reason of the County’s use or maintenance of the Premises.
192
Page 3 of 5
8. Governmental Approvals and Compliance. The County agrees that the Tower and its
operations shall meet applicable rules and regulations of the Federal
Communications Commission ("FCC"), the Federal Aviation Administration ("FAA"), as
well as all applicable State codes and regulations. The County, at its sole cost and
expense, shall obtain any necessary governmental licenses or authorizations required for
installation, repair, alteration, improvement, or expansion of its Communications
Equipment and shall comply with government regulations applicable to its operations,
including those of the FCC and FAA.
9. Security. The County agrees and acknowledges that the Tower and the Building will be
secured by a locked fence.
10. Right to Terminate. The County may terminate this Lease, at its option, after giving not
less than sixty (60) days’ notice, if:
a. Any governmental agency denies a request by the County for or revokes a permit,
license or approval, which is required for the County to install or operate the
Tower, the Building or the Communication Equipment on the Premises; or
b. The County determines that technical problems or radio interference problems
from other antennas or from nearby radio transmitting facilities, which problems
cannot reasonable be corrected, preclude the County from using the Premises for
its intended purpose; or
c. Utilities necessary for the County’s use of the Premises are not available to the
Premises; or
d. The Premises or Tower is damaged or destroyed to an extent, which prohibits or
materially interferes with the County’s use of the Premises; or
e. The County determines, in its sole discretion, that the Premises is no longer
needed.
11. Termination. Upon termination, the County shall remove from the Premises: (i) the
Tower; (ii) the Building and (iii) the Communications Equipment and any other items
belonging to the County within 1 calendar year of termination, unless Bethel Hill Charter
School choses to take possession of the tower and service facilities. The County hereby
agrees to repair to the reasonable satisfaction of the Board any portion of the Premises
damaged by the removal of the Tower, building or Communications Equipment.
12. Sublease. The county may lease space on the tower to cell carriers, broadband carriers,
and any other revenue-generating leasee approved by the county. Bethel Hill Charter
School Board Chairman and Principal shall be notified of any Sublease and full terms
of any sublease agreement. Bethel Hill Charter will also be notified if there is any
exchange of services agreement with any organization or business that uses the
communications tower.
193
Page 4 of 5
13. Revenues. Revenues will be shared at a rate of 33.5% for Bethel Hill and 66.5% for the
County, until the total capital cost of the tower is recouped. The tower cost is estimated at
$582,000, but the final cost will be determined after construction. Once the capital cost is
recouped, revenues will be split 50/50 between Bethel Hill and the County.
14. Modification. No modification of any provision hereof and no cancellation or surrender
hereof shall be valid unless made in writing and signed and agreed to by both Parties.
15. Binding Effect. Subject to the provisions herein, this Lease shall extend to and bind the
Parties and their heirs, executors, administrators, successors and assigns.
16. Applicable Law. This Lease shall be governed by, construed under and interpreted and
enforced in accordance with the laws of the State of North Carolina, regardless of conflict
of law principles.
17. Effect of Waiver. The failure of either Bethel Hill or the County to insist in any instance
upon strict performance of any of the terms and conditions set forth in this Lease shall not
be construed as a waiver of the same in any other instance.
18. Severability. In case any one or more of the provisions contained in this Lease shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof and this Lease
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
19. Notices. All notices herein provided to be given, or which may be given by either Bethel
Hill or the County to the other, shall be deemed to have been fully given when made in
writing and deposited in the United States mail, certified and postage prepaid and
addressed as follows:
to the County: Person County
Attn: Heidi York
304 S. Morgan Street. Room 212
Roxboro, North Carolina 27573
to the Principal: Bethel Hill Charter School
Attn: Stephen Hester
401 Bethel Hill School Road
Roxboro, North Carolina 27574
to the Bethel Hill Charter School Board Chairperson:
Attn: Joe Berryhill
550 Berryhill Road
Roxboro, North Carolina 27574
194
Page 5 of 5
IN WITNESS THEREOF, Bethel Hill Charter School has caused this agreement to be signed
in its name by its Chairman, attested by its Secretary, and sealed with its corporate seal, and the
County has caused this Agreement to be signed in its name by its Chairman, attested by its Clerk and
sealed with its official seal, and by all authority duly given, the day and year first above written.
BETHEL HILL PERSON COUNTY
CHARTER SCHOOL BOARD OF COMMISSIONERS
BY: ___________________________ BY: __________________________
Joseph Berryhill, Chairman Kyle Puryear, Chairman
SEAL SEAL
ATTEST: ATTEST:
________________________________ ______________________________
Stephen Hester, Principal Brenda B. Reaves, Clerk to the Board
195
196
197
NORTH CAROLINA
PERSON COUNTY
FIRST AMENDMENT TO LEASE
THIS AGREEMENT, made and entered into this the ____ day of February, 2015, by
and between Person County, North Carolina, a body corporate and politic (“Lessor”); and Person
County Board of Education, a body corporate and politic (“Lessee”);
WITNESSETH:
THAT WHEREAS, Lessor heretofore entered into a certain Lease Agreement dated May
16, 2006 and recorded in Book 587, Page 130, Person County Registry (the “Lease”) with
respect to a portion of the real property known as Woodland Elementary School, Roxboro, North
Carolina, and more particularly described on Exhibit A attached to the Lease (the “Premises”);
AND WHEREAS, the parties desire that a portion of the Premises be released from the
Lease in order that the Lessor may lease same directly to the State of North Carolina for
purposes of construction, operation and maintenance of a telecommunications tower;
NOW THEREFORE, in consideration of the mutual covenants and agreements herein set
forth and of other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties covenant and agree as follows:
1
The description of the Premises as contained on Exhibit A to the Lease is hereby
amended to delete from it the telecommunications compound area and the access and utility
easement and fall radius easement as are more particularly described on Exhibit A attached
hereto.
200
2
Except as amended herein, the Lease shall otherwise continue in full force and effect
according to its terms.
3
This agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their successors and permitted assigns.
IN WITNESS WHEREOF, the parties have caused the due execution hereof in their
corporate names by their duly authorized officers, this the day and year first above written.
PERSON COUNTY, NORTH CAROLINA
___________________________________
By: Kyle Puryear
Chair, Person County Board of Commissioners
Attest:
_____________________________
Brenda Reaves
Clerk to the Board of Commissioners
PERSON COUNTY BOARD OF EDUCATION
____________________________________
By: Gordon Powell, Chair
Attest:
_____________________________
Danny Holloman
Secretary
201
Page 3
NORTH CAROLINA
PERSON COUNTY
I, a Notary Public of the County and State aforesaid, certify that Brenda Reaves
personally appeared before me this day and acknowledged that she is Clerk to the Board of
Commissioners for the County of Person, North Carolina and that by authority duly given and as
the act of said County, the foregoing instrument was signed in its name by the Chairman of said
Board of Commissioners and attested by her as Clerk to said Board of Commissioners.
Witness my hand and official seal, this the ______ day of February, 2015.
_________________________
Notary Public
__________________________
Printed or Typed Name
My Commission Expires: ____________________
NORTH CAROLINA
PERSON COUNTY
I, a Notary Public of the County and State aforesaid, certify that Danny Holloman
personally appeared before me this day and acknowledged that he is Secretary to the Person
County Board of Education and that by authority duly given and as the act of said Board of
Education, the foregoing instrument was signed in its name by its Chairman and attested by him
as Secretary to said Board of Education.
Witness my hand and official seal, this the ______ day of February, 2015.
_________________________
Notary Public
__________________________
Printed or Typed Name
My Commission Expires: ____________________
Person County Board of Education/First Amendment of Lease
202
203
204
205
206
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Eaton Administrative Clarification of existing Financial Incentive
Agreement with the Person County Board of Commissioners
Summary of Information: At the January Economic Development Commission (EDC)
meeting, the EDC approved the administrative clarification for Eaton’s financial incentives
agreements. A copy of the DRAFT EDC January 2015 minutes are attached. The EDC supports
this request for an administrative clarification to the existing Eaton Corporation Financial
Incentive Agreement with Person County Government.
This is a request to allow 41 ATS Corporation employees to be included in the baseline numbers
of “employees” for the Eaton Corporation financial incentive agreement with Person County
Board of Commissioners. ATS is a temporary agency managing these 41 employees through a
contract with Eaton. The new corporation tax manager for Eaton Corporation requested this
clarification so that both Eaton Corporation and the Person County Board of Commissioners
were in support of this administrative clarification that was not thoroughly quantified in the
existing economic development financial incentive agreement approved years ago.
Recommended Action: This is a request for the Person County Board of Commissioners to
review this administrative clarification and approve the sending of the attached letter to Eaton
Corporation subject to the Person County Board of Commissioner’s approval. County Attorney,
Ron Aycock has approved the legal ability of Person County Board of Commissioners to follow
this course of action.
Submitted By: Stuart C. Gilbert, Economic Development Director
207
DRAFT LETTER TO EATON CORPORATION
Dear Ms. Cosper,
Based on the discussions that we have had for the last few months, I have solicited the input from
our county manager, city manager and have taken your request for clarification of what is
considered an eligible job for the purposes of the financial incentive agreement contracts with
Eaton Corporation and both the City of Roxboro and Person County. At the January 15, 2015
meeting of the Person County Economic Development Commission (PCEDC), (PCEDC)
recommended approval of your administrative clarification and wanted to pass this
recommendation on to the City Council and Person County Board of Commissioners:
As administrator of the economic development side of the financial cash grant incentives
agreement with the City of Roxboro and Person County, the Person County Economic
Development Commission agrees with Eaton Corporation on the following administrative
clarifications to our existing financial incentive agreements with Eaton Corporation:
1. Person County and the City of Roxboro will administratively allow ATS Corporation job
numbers to be considered part of the base numbers of the Eaton Corporation required
new jobs of 160 as identified in Section 1.2 of an agreement between Person County and
Eaton Corporation, provided that we have appropriate documentation of not only the
total number of jobs that ATS Corporation is documenting specifically working at the
Eaton Corporation Roxboro, NC Plant and furthermore:
a. As required by Section 1.3 of the agreement, the average weekly wage of the
group the “New Jobs” , will equal or exceed Seven Hundred Thirty dollars per
week as a wage standard and,
b. Person County and the City of Roxboro via their economic development director
receives documentation of ATS maintenance employees are permanent full time
employees at the Facility at least the minimum amount required for eligibility for
tax credits under Article 3J as identified in Sections 1 and Section 1.2 through 1.4
as outlined on page one of the December 5, 2011 executed agreement with Person
County and Eaton Corporation.
2. Furthermore, Person County has an agreement on economic development services with
the City of Roxboro and the administering of both the Person County and the City of
Roxboro agreements will follow the same guidelines as evidenced by the signature of
both the Person County Chair of the Board of Commissioners and the Roxboro Mayor to
this letter.
3. It is acknowledged that the Eaton Corporation has far exceeded the minimum new real
property and or machinery and equipment capital investment (Section 1.5 of the above
referenced agreement) of Fifty Million Dollars ($50,000,000.00) and the total new
208
investment prior to the end of this year are closer to Seventy Million Dollars
($70,000,000.00).
4. The Economic Development Commission agrees that the existing 326 employees and the
additional 51 ATS employees all working at the Eaton Roxboro, NC site are very
important to both the City of Roxboro and Person County we will continue to implement
actions approved by the elected bodies of the City and County that are mutually
advantageous to the Eaton Corporation and our local governments and community.
5. A copy of the approved minutes of the (PCEDC) board meeting is attached for your file.
(NOTE TO PC BOC …. This action will not be able to be done until the February 19,
2015 PCEDC board meeting so this letter will not go out until at least 2 19 2015.)
Sincerely:
Stuart C. Gilbert, MPA, MURP, CEcD, NC BIC
Person County and City of Roxboro Economic Development Director
304 S. Morgan Street
Roxboro, NC 27573
____________________________ ________________________
Merilyn Newell, Mayor, City of Roxboro Kyle Puryear, Chair, Person County
Board of Commissioners
(Signed to acknowledge the information contained in this letter.
209
Minutes of the PCEDC for January 15, 2015
Mr. Ernie Wood
Sherry Wilborn (minutes)
Agenda
1. Invocation was given by Stuart Gilbert.
Motion:Second:
Mr. Kenneth Perry, Vice-Chairman
Honorable Mayor Merilyn Newell
Mrs. Heidi York, County Manager
Gov. McCrory "I Do Not Have the Tools I Need"
Minutes of the Person County EDC Meeting
Person County Tax Assessor Office
Thursday, January 15, 2015
Voting Board Members Present:
Mr. Randy Reynolds, Chairman Honorable Mr. Kyle Puryear
Mr. Will Carver
Mr. Derrick Sims
Non-Voting Board Members Present:
Mr. Stephen Steese, City Manager
Board Members Absent:
Dr. Walter Bartlett, Secretary
Mr. Brad Jordan
ED Staff Present:Others Present:
Scott Bailey, Eaton - Roxboro Plant Manager Mr. Stuart Gilbert, ED Director
2. Dr. Bartlett gave the Secretary's Report during which he presented the previously submitted October
2014 and December 2014 meeting minutes for Board approval.
3. Stuart Gilbert reminded the Board that a staff report had been presented at the December meeting
highlighting the request of Eaton Corporation to include a minimum of 41 ATS employees as a baseline
employment qualification for the contracts that the company holds with both the City of Roxboro and
Person County and to reflect this action in the EDC minutes and to provide this notification to the City and
County to authorize Mr. Gilbert to write a letter to Eaton Corporation acknowledging this administrative
clarification.
He reminded the Board that there had been some discussion over this topic at the December meeting and
that a request had been made to postpone a decision until all the materials presented could be more
carefully reviewed.
RTRP Luncheon Booklet
Eaton Project Benefits Students
Handouts:
Minutes - October 2014, December 2014
JobsEQ Before and After Reports for Eaton
Economic Forecast Forum 2015 Agenda & Speakers
Donald Long
The Governor's Vision
A motion was made, seconded and passed unanimously to approve the October and
December 2014 meeting minutes.
Commissioner Puryear Will Carver
Mr. Phillip Allen
Bradley J. Tapper, Eaton - Roxboro Plant Controller
Jill Cosper, Eaton - Manager, Property Tax/Incentives
David Dial, ATS Manager
Robin Cousins, Person Industries
1
210
Minutes of the PCEDC for January 15, 2015
Ms. Cosper assured the Board that ATS had confirmed to her that they would supply to Person County
quarterly and annually all the documentation necessary to confirm that the wage and benefit
requirements of the agreements was being met. She also shared that over 50% of Eaton's employees at
the Roxboro facility were Person County residents.
Mr. Bailey made it clear to the Board that these ATS jobs were currently still employed at Eaton in Person
County, that they never had a lapse in employment or benefit coverage, and that their wages and benefits
were still in compliance with the requirements of the agreement. The only change, according to Mr.
Bailey, was that they were now considered employees of ATS rather than employees of Eaton
Corporation; however, the jobs were only in Person County as a result of Eaton's presence in Person
County.
With State employment requirements being at 120 new jobs and local employment requirements being at
160, Eaton and Person County and City of Roxboro representatives held a consensus view that State
agreements had initially made the necessary changes to reflect the Eaton employees who were
outsourced to ATS while the local agreements did not, thereby making the issue a matter of
administrative clarification.
Mr. Gilbert shared that, since that time, Corporate officials from Eaton had requested to attend the next
meeting with some local executives and employees. Just prior to turning the floor over to Jill Cosper,
Manager of Property Tax and Incentives for Eaton Corporation, Mr. Gilbert reminded the Board that the
recommendations being made had been reviewed and approved by the County Attorney and that City
Manager Stephen Steese had been a part of the discussions from the beginning also. Finally, he pointed
the Board to a "Before and After" Fiscal Impact Report to reflect the importance of the additional jobs
that Eaton has provided to the community as the City's largest taxpayer.
Other points that were made by the Eaton team were that the other terms of the agreement, such as the
capital investment had already been met and surpassed, community impact of Eaton, including 47 Person
Industries employees that receive paychecks weekly from Eaton, and the fact that there are actually 50
ATS employees presently on site at Eaton, although only 41 of these jobs were being requested to be
including in the job count.
Ms. Cosper introduced the Eaton Representatives who were in attendance with her and their reasons for
being there.
Scott Bailey then gave an overview of Eaton's employment history in relation to and since the time of the
contracts in question. He explained that the confusion surrounding the employment requirements
stemmed back to the time of the enactment of the contracts, as the numbers were not consistent
between agreements made on the State level compared to those on the City and County levels, with the
local requirements being more stringent. Mr. Gilbert interjected that this was unusual, and Mr. Allen
agreed should not be the case.
In response to a statement by Dr. Bartlett that the inclusion of the ATS jobs would place an added burden
on Eaton to take on the responsibility for these employees while they were officially employed by another
company, Mr. Bailey stated that he felt comfortable to ensure that the ATS job numbers were secure
based on the fact that there are presently nine ATS jobs over the 41 that could be used as cushion in
addition to Eaton having a method in place that would allow them to reduce the number of temporary
jobs should it become necessary to increase the number of permanent jobs.
2
211
Minutes of the PCEDC for January 15, 2015
Motion:Second:
Motion:Second:Kenneth Perry Will Carver
5. The next meeting of the EDC will be February 19, 2015 at 8:00 am at the Person County Tax Office.
6. A motion was made, seconded and passed unanimously to adjourn the meeting.
At the conclusion of Mr. Bailey's presentation, other members of the Eaton team briefly spoke of their
support of the request that was being presented to the Board.
Mr. Bailey shared that there had been some issues with quality assurance at the local facility, and that as a
corporation Eaton was taking numerous measures to rectify the issues, including a 70% change in
leadership in the last 8-10 months. He stated that the local plant was seeing improvements as a result of
the changes and was, in fact, competing with a facility in another location for a contract that could bring
$30 million dollars in capital and 50-60 new jobs. In an effort to show Eaton at a corporate level that
Roxboro and Person County supported the Roxboro Eaton facility and wanted to see it thrive, he urged
the Board to make the administrative clarification to include the ATS jobs in the baseline number for the
local agreements.
A motion was made, seconded and passed unanimously to include a minimum of 41 ATS employees as a
baseline employment qualification for the contracts that the company holds with both the City of Roxboro
and Person County and to reflect this action in the EDC minutes and to provide this notification to the City
and County to authorize Mr. Gilbert to write a letter to Eaton Corporation acknowledging this
administrative clarification.
Mayor Newell Dr. Bartlett
4. Stuart Gilbert gave the Director's Report. He noted that the majority of what he would share would take
place in the PCBIC meeting to follow.
He shared that all data had been submitted for Project Trace approximately one month prior to today, and
that he had met with the team at EDPNC that will work on the certification process on the day before this
meeting and then with Timmons Group. He added that the State would be coming within the month as a
step in the certification process.
Mr. Gilbert commented that it was apparent that it was becoming increasingly imperative to have due
diligence done ahead of time on sites, and that he hoped to have other sites in the County identified for
certification by June of 2015. He relayed that a number of projects had been lost due to the fact that there
were not even sites to submit on many requests that were coming in.
Phillip Allen asked to clarify that the projects were not lost, but the opportunities for the projects were
lost by not having certified sites to submit. Mr. Allen wanted to make the point that Person County was
not even making it beyond the first round with these opportunities by not having the sites identified and
prepared for submission.
Moving on to Project Tracer, Mr. Gilbert updated the Board that he hoped to be able to invite them to
meet with the consultant on this project along with the Board of Commissioners, City Council and other
elected officials in the coming weeks and urged them to attend wherever possible.
The next portion of the update was to inform the Board that Mr. Gilbert had attended the NCEDA meeting
that took place on the day before this Board meeting and that the meeting predominately addressed
legislative actions and how to be an effective lobbyist and announced that the NCEDA is considering hiring
a lobbyist.
Mr. Allen commented that JDIG should be a priority in all conversations between PCBIC members and
legislative leaders.
3
212
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Future Waste Management Options
Summary of Information:
At the Board’s January 5th meeting, Commissioner Kendrick requested that the Board of
Commissioners begin discussing the existing landfill contract with Republic Services. The contract
is set to expire on August 7, 2017. Specifically, he directed the Manager and Attorney to begin
negotiations with Republic Services for a contract renewal, while at the same time, he wanted the
Manager to research other options for solid waste disposal for Person County. These options might
include operating our own landfill, setting up transfer stations, and/or taking our trash to another
regional landfill outside of Person County.
Staff has prepared a brief memo in response to Commissioner Kendrick’s requests. Also included in
the research are additional definitions requested by Commissioner Newell; a map of nearby landfill
and transfer stations; a comparison of tipping fees across the State; and a summary of the highlights
of landfill franchise contracts with Republic Services for the City of Concord and Caldwell County
as comparisons.
Recommended Action: Receive the information and direct staff on how the Board would like to
proceed.
Submitted By: Heidi York, County Manager; Sybil Tate, Assistant County Manager; and
Ron Aycock, County Attorney
213
PERSON COUNTY
OFFICE OF THE COUNTY MANAGER
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
Future Waste Management Options for Person County
Background
The contract and franchise agreement between Republic and the County for the operation of
Upper Piedmont Landfill expires on August 7, 2017. Currently, the County receives an estimated
$530,000/year in host fee revenues, an additional $25,000/year in funding for promoting
recycling and $30,214/year in tax revenues. The County does not have any direct costs
associated with solid waste because it does not provide waste collection services to citizens, but
the City of Roxboro provides collection service to all of its residents. City residents do not pay a
solid waste collection fee, the cost of collection is paid for from their General Fund. Private
collection companies may collect from residents in the unincorporated portions of the County.
Both the City and private haulers currently pay tipping fees to Republic.
Impact of PCPride Lawsuit
In 2008, Republic sought authority to extend the “footprint” of its landfill. In order to do so,
Republic needed the Board of County Commissioners to approve a special use permit. PCPride
filed a lawsuit to effectively enjoin the County from issuing the special use permit. The final
disposition of the lawsuit was the entry of a voluntary dismissal of its lawsuit by PCPride with
the right to file it again in the future and an agreement between the County and PCPride that no
further action on the special use permit would be taken by the County until certain further
analysis was undertaken by the County and that PCPride would be informed of that analysis. The
County was required to inform PCPride of its intention to move forward on the special use
application prior to taking any further action. Subsequent to this settlement agreement, Republic
determined that it no longer needed the extension of the footprint of its landfill site and
abandoned the special use permit.
This lawsuit affected only the proposed additional land and had no effect on the existing land fill
site. The lawsuit will have no effect on a new contract regarding the existing site or a new
franchise, which would have to be granted.
Options for Future Waste Management
1. Negotiate up to a 30 year contract and adopt a franchise agreement for up to 30 years.
a. Budgetary Impact: potential to increase revenues
b. Process:
i. Authorize negotiating team to begin discussions
214
ii. Send a letter of intent to negotiate in good faith to Republic
iii. Provide negotiating team with parameters for negotiating
iv. Conclude negotiations and agree to a contract
v. 30 day public notice before a required public hearing on the franchise
ordinance
vi. Franchise ordinance must be adopted at two regular meetings
vii. Republic begins new permit process, includes public hearings and various
studies
c. Timeframe: 1.5 – 2 years
2. Extend the franchise agreement up to 10 years. Even though the contract allows the
County to extend the contract for 10, 1 year agreements, it would be impractical to renew
the franchise agreement and contract each year.
a. Budgetary Impact: May be able to negotiate some additional funding
b. Process:
i. 30 day public notice before the public hearing
ii. Franchise agreement must be adopted at two regular meetings
c. Timeframe: Minimum of 3 months
3. Let the contract expire. The landfill will close. Republic will pay the closure and
maintenance costs for at least 30 years. The county would lose $585K in annual revenues.
If the contract expires, then the county would have the following options for solid waste
management:
a. Build a county-owned and operated landfill
i. Budgetary Impact: $3.8M capital, $1.1M annual operating (estimate based on
Granville County’s new landfill)
ii. Process: Hire a consultant to determine the costs, location, tipping fee, etc.
Cost: $50,000
iii. Timeline:2-3 years
b. Build a transfer station/upgrade the existing transfer station and haul waste to
Granville County’s landfill or other nearby landfill. The existing transfer station
may be able to be up-fitted. The County would need to obtain a new permit, hire
staff and charge a tipping fee.
i. Budgetary impact: $1M capital cost, $2.7M annual operating (estimate based
on Vance and Franklin County’s transfer stations; Vance County charges
$65/ton at their transfer station)
ii. Process: Hire a consultant to determine the costs, location, tipping fee, etc.
Cost: $30,000
iii. Timeline: 2 years
c. Individuals/Businesses can direct haul waste to Granville County’s landfill or
other nearby landfill.
i. Budgetary Impact: No budgetary impact on County government but county
residents would have to travel further and pay a higher tipping fee (Republic
charges $40.22, Granville charges $42 per ton)
ii. Process: No action required
d. Find another private waste company to own and operate a landfill
215
i. Budgetary Impact: potential to increase revenues
ii. Process:
1. Release an RFP for landfill services
2. Negotiate a contract
3. Adopt a franchise ordinance
iii. Timeline: 3-4 years
216
Appendix A: Definitions
Hazardous Waste (as defined by the EPA)
• Listed Wastes: Wastes that EPA has determined are hazardous. The lists include the F-list
(wastes from common manufacturing and industrial processes), K-list (wastes from
specific industries), and P- and U-lists (wastes from commercial chemical products).
• Characteristic Wastes: Wastes that do not meet any of the listings above but that exhibit
ignitability, corrosivity, reactivity, or toxicity.
• Universal Wastes: Batteries, pesticides, mercury-containing equipment (e.g., thermostats)
and lamps (e.g., fluorescent bulbs).
• Mixed Wastes: Waste that contains both radioactive and hazardous waste components.
Daily Cover/Alternative Daily Cover (as defined by NCDENR) - Part .1626(2)(a) states:
Except as provided in Sub-Item (b) of this Item, the owners or operators of all MSWLF units
must cover disposed solid waste with six inches of earthen material at the end of each operating
day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing
litter, and scavenging.
Part .1626(2)(b) states: Alternative materials of an alternative thickness (other than at least six
inches of earthen material) may be approved by the Division if the owner or operator
demonstrates that the alternative material and thickness control disease vectors , fires , odors ,
blowing litter, and scavenging without presenting a threat to human health and the environment,
in accordance with 40 CFR Part 258.21. A MSWLF owner or operator may apply for a generic
approval of an alternative cover material, which would extend to all MSWLF units.
217
Appendix B: Nearby Landfill/Transfer Station map (NC and VA)
218
Appendix C: Comparison of tipping fees, FY13-14
Permit_Name PrimaryWaste_Type County Tip Fee Include Tax?
Austin Quarter C&D Unit CD Alamance $ 32.00 Yes
Cobles C&D Landfill CD Alamance $ 30.00 Yes
Alexander County CDLF CD Alexander $ 50.00 Yes
Avery County C&D Landfill CD Avery $ 45.00 Yes
Buncombe County C&D Unit CD Buncombe $ 43.00 Yes
Cabarrus County CDLF CD Cabarrus $ 37.00 Yes
Highway 49 C&D Landfill And
RecyclingGreenway Waste CD Cabarrus $ 37.00 Yes
Blackburn Resource Recovery
Facility CD Catawba $ 23.00 Yes
Fort Bragg C&D Landfill CD Cumberland $ - No
Dare County C&D Landfill CD Dare $ 65.00 Yes
Davidson County CDLF CD Davidson $ 31.00 Yes
Old Salisbury Road CDLF CD Forsyth $ 28.00 No
High Point C&D Debris Landfill CD Guilford $ 36.00 Yes
A-1 Sandrock C&D Landfill CD Guilford $ 36.00 Yes
Harnett Co Anderson Crk C&D
Landfill CD Harnett $ 40.00 Yes
Johnston County C&D Landfill CD Johnston $ 27.00 Yes
Lincoln County C&D Unit CD Lincoln $ 20.00 No
BFI-Lake Norman Landfill CD Lincoln $ 38.75 Yes
Madison County C&D Unit CD Madison $ 34.00 Yes
Martin County C&D Landfill CD Martin $ 40.00 Yes
Greenway Waste Solutions at
North Meck CD Mecklenburg $ 40.00 Yes
Moore County C&D Landfill CD Moore $ 44.80 Yes
Nash County C&D Landfill CD Nash $ 48.00 Yes
Orange County C&D Landfill CD Orange $ 40.00 Yes
Pasquotank County C&D Landfill CD Pasquotank $ 50.00 Yes
C & D Landfill Inc CD Pitt $ 41.00 Yes
Gold Hill Road C&D Debris
Landfill CD Randolph $ 36.00 Yes
Rutherford County C&D CD Rutherford $ 37.00 Yes
WI-Sampson County C&D Unit CD Sampson $ 43.19 Yes
Shotwell Landfill Inc. CD Wake $ 35.00 Yes
Red Rock Disposal, LLC CD Wake $ 26.93 Yes
Greenway Waste Solutions of
Apex, LLC CD Wake $ 34.00 Yes
Material Recovery C&D Landfill CD Wake $ 38.60 No
Washington County C&D Landfill CD Washington $ 52.00 Yes
Wilson County Westside C&D CD Wilson $ 40.00 Yes
219
Landfill
Brunswick County CDLF CD Brunswick $ 56.00 Yes
Burke County CDLF CD Burke $ 32.55 Yes
Cleveland County CDLF CD Cleveland $ 21.55 Yes
Cumberland County C&D Unit CD Cumberland $ 37.00 No
Edgecombe County CDLF CD Edgecombe $ 41.00 Yes
Gaston County C&D Landfill CD Gaston $ 24.00 Yes
Granville County CDLF CD Granville $ 38.00 Yes
Greene County CDLF CD Greene $ 46.00 Yes
Greensboro, City Of CD Guilford $ 31.00 Yes
Halifax County Landfill CD Halifax $ 47.00 Yes
Harnett County CDLF CD Harnett $ 40.00 Yes
Lenoir County CDLF CD Lenoir $ 39.00 Yes
Robeson County CDLF CD Robeson $ 26.50 No
Scotland County CDLF CD Scotland $ 45.25 Yes
Albemarle, City Of, CDLF CD Stanly $ 33.00 No
Union County C&D CD Union $ 36.00 Yes
Wayne County CDLF CD Wayne $ 31.50 No
Permit_Name PrimaryWaste_Type County Tip Fee Include Tax?
Austin Quarter SWM Facility MSW Alamance $ 38.00 Yes
Chambers Development MSWLF MSW Anson $ 41.00 Yes
Ashe County Landfill MSW Ashe $ 62.00 Yes
East Carolina Reg Landfill MSW Bertie $ 69.03 Yes
Buncombe County MSW Landfill MSW Buncombe $ 43.00 Yes
BFI-Charlotte Mtr Speedway
Landfill V MSW Cabarrus $ 52.40 Yes
Foothills Environmental Landfill MSW Caldwell $ 51.06 No
Blackburn Resource Recovery
Facility MSW Catawba $ 33.00 Yes
Cherokee County MSW Facility MSW Cherokee $ 57.00 Yes
Cleveland County Landfill Self-
McNeilly MSW Cleveland $ 37.65 Yes
CRSWMA - Long Term Regional
Landfill MSW Craven $ 40.00 Yes
Cumberland County Landfill MSW Cumberland $ 30.00 No
Davidson County MSW Lined
Landfill MSW Davidson $ 36.00 Yes
Hanes Mill Road Landfill MSW Forsyth $ 34.00 No
Gaston County Landfill MSW Gaston $ 26.00 Yes
Oxford Subtitle D MSWLF MSW Granville $ 38.00 Yes
High Point City Of - Landfill MSW Guilford $ 38.00 Yes
220
Greensboro, City Of MSW Guilford $ 41.00 Yes
Haywood Co White Oak Landfill MSW Haywood $ 22.25 Yes
Iredell County Sanitary LF MSW Iredell $ 35.00 No
Johnston County Landfill MSW Johnston $ 35.00 Yes
Lenoir County MSW Landfill MSW Lenoir $ 44.00 Yes
Lincoln County Landfill MSW Lincoln $ 32.00 No
Macon County Landfill Open MSW Macon $ 66.00 Yes
Mecklenburg County Landfill MSW Mecklenburg $ 39.00 Yes
Uwharrie Env. Reg. Landfill MSW Montgomery $ 37.00 Yes
New Hanover County Landfill MSW
New
Hanover $ 59.00 Yes
Camp Lejeune MSW Landfill MSW Onslow $ 26.33 No
Onslow County Subtitle D
Landfill MSW Onslow $ 49.00 Yes
Upper Piedmont Reg Landfill MSW Person $ 38.22 No
Robeson County Landfill MSW Robeson $ 36.50
Rockingham County Landfill MSW Rockingham $ 36.00 No
Rowan County Landfill MSW Rowan $ 34.00 Yes
WI-Sampson County Disposal Inc MSW Sampson $ 43.19 Yes
Albemarle, City Of-Landfill MSW Stanly $ 39.00 No
Surry County MSWLF MSW Surry $ 38.00 Yes
Transylvania County Landfill MSW Transylvania $ 50.00 Yes
Wake County South Wake
MSWLF MSW Wake $ 32.00 Yes
Wayne County Landfill MSW Wayne $ 31.50 No
Wilkes County MSWLF MSW Wilkes $ 41.00 Yes
Permit_Name PrimaryOperation County Tip Fee Include Tax?
River City Transfer Station Trans Cumberland $ 40.00 No
AAA Hauling Of NC Inc Trans Cumberland $ 37.00 No
Soundside Recycling &
Materials, Inc Trans Currituck $ 70.00 No
Todco, Inc. - C&D Transfer Trans Davidson $ 31.00 No
Abbey Green Inc Trans Forsyth $ 32.00 No
WI Burnt Poplar Transfer LLC Trans Guilford $ 39.50 Yes
Russo Dumpster Service Trans Mecklenburg $ - No
The Linda Consruction Co., Inc. Trans Mecklenburg $ - No
Raleigh Transfer Station Trans Wake $ 42.50 Yes
Apex C&D Waste Transfer
Facility Trans Wake $ 39.00 Yes
Wake Transfer Station Trans Wake $ 46.90 Yes
Capitol Waste C&D Transfer Trans Wake $ 45.00 Yes
221
Station
Alexander Co. Transfer Station Trans Alexander $ 60.00 Yes
Alleghany County Transfer
Facility Trans Alleghany $ 60.00 Yes
Avery County Transfer Station Trans Avery $ 45.00 Yes
Beaufort Transfer Station Trans Beaufort $ 57.96 No
Bladen County Transfer Station Trans Bladen $ 45.00 Yes
Yancey-Mitchell Transfer Station Trans Yancey $ 55.45 No
Brunswick County Transfer
Station Trans Brunswick $ 56.00 Yes
Waste Management Of Asheville Trans Buncombe $ 57.56 Yes
Buncombe County Transfer
Station Trans Buncombe $ 47.00 Yes
Burke County Transfer Facility Trans Burke $ 60.00 Yes
Carteret County Transfer Station Trans Carteret $ 52.50 Yes
City Of Hickory Transfer Station Trans Catawba $ - No
Waste Man. - Chatham Co
Transfer Station Trans Chatham $ 53.50 Yes
Town Of Edenton Transfer
Station Trans Chowan $ 43.97 Yes
Clay County Transfer Station Trans Clay $ 80.00 Yes
Columbus County Transfer
Station Trans Columbus $ 58.93 Yes
Cherry Point Transfer Station Trans Craven $ 40.00 Yes
Fort Bragg Transfer Station Trans Cumberland $ - No
City Of Fayetteville/ Waste
Industries Transfer Station Trans Cumberland $ 43.85 Yes
Currituck Transfer Station Trans Currituck $ 71.00 Yes
Bay Disposal Inc. Currituck
Transfer & Recovery Facility Trans Currituck $ 65.00 No
Dare County Transfer Station Trans Dare $ 73.15 Yes
Duplin County Transfer Station Trans Duplin $ 42.00 Yes
City Of Durham Transfer Station Trans Durham $ 42.50 Yes
Stone Park Court Transfer
Station Trans Durham $ 42.50 Yes
Edgecombe County Transfer
Station Trans Edgecombe $ 48.50 Yes
Overdale Road Transfer Station Trans Forsyth $ 43.00 Yes
Franklin County Transfer Station Trans Franklin $ 60.00 No
Waste Management Of
Carolinas Trans Gaston $ 49.00 Yes
Graham County Transfer Station Trans Graham $ 60.00 Yes
Bishop Road Transfer Station Trans Guilford $ 43.00 Yes
Greensboro Transfer Station Trans Guilford $ 44.00 Yes
222
Halifax County Landfill Trans Halifax $ 44.58 Yes
Town of Weldon Transfer
Facility Trans Halifax $ 54.00 Yes
Harnett Cnty-Dunn/Erwin
Transfer Station Trans Harnett $ 40.00 Yes
Anderson Creek Landfill Transfer
Station Trans Harnett $ 40.00 Yes
Henderson County Transfer
Facility Trans Henderson $ 57.00 Yes
Hertford County Transfer Station Trans Hertford $ 66.00 No
Hoke County Transfer Station Trans Hoke $ 50.75 Yes
Iredell County Transfer Station Trans Iredell $ 45.00 No
Jackson County Scott Creek
Transfer Station Trans Jackson $ 64.00 Yes
Waste Man. - Lee Co. Transfer
Station Trans Lee $ 48.50 Yes
Sanford Transfer Station Trans Lee $ 59.00 Yes
Lenoir County Transfer Facility Trans Lenoir $ 44.00 Yes
Deep Run Transfer Station Trans Lenoir $ 50.50 Yes
McDowell Co Transfer Facility Trans McDowell $ 44.00 Yes
Highlands Transfer Station Trans Macon $ 66.00 Yes
Madison County Transfer Trans Madison $ 44.00 Yes
Queen City Transfer Station Trans Mecklenburg $ 57.50 Yes
O'Leary Resource Recovery
Center Trans Mecklenburg $ - No
Uwharrie Env Inc/Moore Cty
Transfer Station Trans Moore $ 44.80 Yes
Rocky Mount Transfer Station Trans Nash $ 54.50 No
City Of Rocky Mount Transfer
Station #2 Trans Nash $ 54.50 No
Waste Management Of
Wilmington Transfer Trans New Hanover $ - No
Pamlico County Transfer Station Trans Pamlico $ 52.50 Yes
Pasquotank County Transfer
Station Trans Pasquotank $ 69.00 Yes
Pender Co Transfer Station Trans Pender $ 74.00 Yes
Perquimans-Chowan-Gates
Transfer Trans Perquimans $ 67.00 Yes
EJE Recycling Transfer Station Trans Pitt $ 46.25 Yes
Polk County Transfer Station Trans Polk $ 45.00 Yes
Randolph County Transfer
Facility Trans Randolph $ 50.00 Yes
City Of Asheboro Recycling/Solid
Waste Transfer Station Trans Randolph $ 48.00 Yes
Richmond County Transfer Trans Richmond $ 57.00 Yes
223
Station
Reidsville, City Of Transfer
Facility Trans Rockingham $ 36.00 No
City of Eden Transfer Trans Rockingham $ - No
Rutherford County Transfer
Facility Trans Rutherford $ 47.00 Yes
Scotland County T.S. Trans Scotland $ 55.75 Yes
Swain County Transfer Facility Trans Swain $ 42.00 Yes
Union County Transfer Station Trans Union $ 42.00 Yes
Waste Industries-Vance County Trans Vance $ 65.00 Yes
Cary Town Of - Transfer Station Trans Wake $ - No
Waste Management Of Ral-Dur Trans Wake $ 58.77 No
Waste Industries Garner
Transfer Station Trans Wake $ 38.00 Yes
East Wake Transfer Station Trans Wake $ 38.00 Yes
Warren County Transfer Station Trans Warren $ 67.00 Yes
Watauga Co Transfer Facility Trans Watauga $ 49.00 Yes
Goldsboro Transfer Station Trans Wayne $ 31.50 Yes
Waste Industries Wilson
Transfer St. Trans Wilson $ - No
Waste Industries- Blk. Crk. Rd.
Transfer Trans Wilson $ 55.20 Yes
Yadkin County Transfer Facility Trans Yadkin $ 53.00 Yes
224
Appendix D: Comparison of landfill franchise agreements
Person County
• 20 year agreement
• Limit of 600 tons of waste per day
• Limits service area to the county and the city; unless 600 ton limit cannot be met
• Limits waste disposal from Raleigh and Durham; unless 600 ton limit cannot be met
• Tipping fee set at $25.44; adjusted using CPI – FY13/14 tipping fee $40.22
• Host fees:
0-150 tons per day =$.75 per ton
151-300 tons per day = $1.25 per ton
300-600 tons per day = $1.75 per ton
Over 600 tons per day = $2.00 per ton
• $25,000/year for recycling objectives
• Must provide a recycling center at the landfill; requires Republic to provide marketing for
recycling and technical assistance to the county
City of Concord
• 30 year agreement
• No limit on tons of waste per day; however, landfill must provide airspace or a transfer station
for MSW generated in the City for 30 years
• No limit to service area
• No tipping fee charged for the City of Concord’s Municipal Solid Waste (MSW) – FY13-14 tipping
fee is $52.40
• Host fee of $.75 per ton; $.25 of the $.75 is put in an account and repaid to Republic at the end
of the contract; adjusted using CPI
• Sets minimum monthly amount generated by host fee at $38,200
• Pays for all of the costs of the curbside recycling program in the City
Caldwell County
• 30 year agreement; 10 year franchise review date (amended from 20 years to 30 years in
Amendment 1)
• Limit of 727.27 tons of waste per day from outside of Caldwell County
• Limits collection area to certain counties
• No tipping fee for Caldwell County’s MSW – FY14/15 tipping fee is $53.06
• Sets Commercial rate for Caldwell County businesses is $28.00/ton; adjusted using CPI
• Host fee of $2.00 (waste generated outside of Caldwell County); adjusted using CPI
• $25,000/year for recycling education
• Free collection at county convenience centers
• $500,000 for safety and transportation purposes
• $100,000 to establish a park near the landfill
• Includes disposal of yard waste
225
• Amendment 1: increased service area; no dumpster rental fees charged to the county; increase
contact length from 20 to 30 years; 10 year review date to review the terms and conditions;
franchise renewal fee of $125,000
• Amendment 2: County is entitled to 50% of Landfill gas sales each month
• Amendment 3: Increased the service area
226
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Public Nuisance Ordinance
Background: At the January 5, 2015 Board of County Commissioners meeting, staff was asked to
propose language to combine with the Automotive Graveyards and Junkyard Ordinance to address abandoned
properties and litter because of the threat to public health, safety and welfare. Below are the keypoints of the
proposed additions to the ordinance and attached is language that would be combined with the Automotive
Graveyards and Junkyard Ordinance to create a Public Nuisance Ordinance. The Automotive Graveyard and
Junkyard Ordinance is also attached.
Summary of Information:
Abandoned Structures
Key Points
• Covers manufactured mobile homes and abandoned residential and commercial structures
• Ordinance shall not apply to structures further than 500’ from residential or public uses (schools,
playgrounds) on adjacent properties; and, not visible from transportation right-of-way
• Exceptions for farm structures and historic properties
• Abandoned structure standards would be enforced by Building Inspections
• Mobile home grant program (optional) would be administered by the Planning Department
• County can pay for removal costs; however, removal costs cannot be collected via the property tax bill
only through a lien on the property
• Appeals heard by Board of Commissioners
Cost
• $15,000-$51,000
• FTE: .5 FTE, $31,000–The State has limited grant funds for county programs that remove abandoned
mobile homes from property. Implementing the grant program will require .5 FTE
• Operating: $15,000 - $20,000 – Some operating funds would be needed to pay for clean-up of
abandoned structures
Litter
Key Points
• Does not apply to properties that are not visible from residential or public uses (schools, playgrounds)
on adjacent properties or from transportation right-of-way
• Exceptions for farms as defined by State statute and construction sites with currently active permits;
• Enforcement process managed by the Planning Department
• Specific abatement process would apply to “chronic offenders”; costs would be applied to property
tax bill
• Appeals heard by Board of Adjustment
Costs
• $31,000- $62,000
• FTE: .5 - 1FTE ($26,000-$52,000)- the amount of staff time needed depends on whether the BOC
wants this position to coordinate public clean-up events
• Operating cost: $5,000 - $10,000
Recommended Action: Provide feedback to staff about what language should be combined with the
Automotive Graveyard and Junkyard ordinance.
Submitted By: Michael Ciriello, Planning Director
227
1
Proposed Nuisance Ordinance Language
ABANDONED STRUCTURES
Definitions
“Abandoned Structure” a residential or commercial building shall be considered an abandoned structure if it is
unoccupied and damaged or in disrepair to the point of being condemnable as defined by NCGS §153A-366 and is
found to be a nuisance because it creates or fosters one (1) or more of the following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests;
b. The collection of pools or ponds of water;
c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials;
d. A source of danger for children because of the possibility of entrapment or injury from exposed sharp
surfaces of metal, glass, or other rigid materials;
e. A source of danger from the building structure, or parts thereof, falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any kind;
g. Accumulation of sewage or animal waste;
h. Concentrated quantities of hazardous materials;
i. The presence of dead animals; or,
j. Any building structure specifically declared a public health and safety hazard by the Board of
Commissioners.
“Abandoned Manufactured Home” shall be considered an abandoned structure if it is in a wrecked, scrapped,
disassembled, unusable, cannibalized, burnt, inoperable or if available, is not connected to an approved sewer
system and not occupied and is found to be a nuisance because it creates or fosters one (1) or more of the
following conditions:
a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests;
b. The collection of pools or ponds of water;
c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials;
d. A source of danger for children because of the possibility of entrapment or injury from exposed sharp
surfaces of metal, glass, or other rigid materials;
e. A source of danger from the home, or parts thereof, falling or turning over;
f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any kind;
g. Accumulation of sewage or animal waste;
h. Concentrated quantities of hazardous materials;
i. The presence of dead animals; or,
j. Any manufactured home specifically declared a public health and safety hazard by the Board of
Commissioners
“Manufactured Home” is a structure, transportable in one or more sections, which in the traveling mode whose
body is 8 feet or more in width or 40 feet or more in length, or when erected on site, is 320 square feet or more,
and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and
electrical systems contained therein. Such term shall include any structure that meets all the requirements of this
paragraph except the size requirements and with respect to which the manufacturer voluntarily files a
certification required by the Department of Housing and Urban Development (HUD) and complies with the
standards established under that Federal agency. For purposes of this ordinance, “manufactured home” includes
both factory-built single-family structures built to meet standards established under The National Manufactured
Housing Construction and Safety Standards Act of 1974 and mobile homes built prior to the effective date of
those standards (June 15, 1976). The Federal Standards became effective on June 15, 1976, and all homes with a
date of manufacture on or after this date were required to have a HUD label indicating compliance with the
standards.
228
2
“Historic Structure” or, “Historic Property” is as defined by the State Historic Preservation Office and the National
Register of Historic Places
“Agricultural purpose” and “bona fide farm” as defined by NC GS §153A-340:
1. A farm sales tax exemption certificate issued by the Department of Revenue.
2. A copy of the property tax listing showing that the property is eligible for participation in the present
use value program pursuant to G.S. 105-277.3.
3. A copy of the farm owner's or operator's Schedule F from the owner's or operator’s most recent
federal income tax return.
4. A forest management plan.
5. A Farm Identification Number issued by the United States Department of Agriculture Farm Service
Agency.
Exceptions
• This ordinance shall not apply to any structure used or previously used for agricultural purposes
• This ordinance shall not apply to historic properties or structures
• Ordinance shall not apply to structures further than 500’ from residential or public uses (schools,
playgrounds) on adjacent properties; and, not visible from transportation right-of-way
Illustration to show distances from adjacent properties to burned-out house; distance measured using Person
County GIS mapping software
Process
1. Upon receipt of a complaint, the Building Inspections Department will conduct an investigation to determine
if the structure meets the definition of an “Abandoned Structure” as defined by this ordinance. The Building
Inspections Department will be responsible for mailing notices, overseeing the removal of abandoned
structures. The Building Inspections Director shall keep an accurate record of all enforcement proceedings
begun pursuant to the provisions of this chapter.
2. In exercising these powers, each member of the inspection department has a right, upon presentation of
proper credentials, to enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action. Nothing in this section shall be
construed to prohibit periodic inspections in accordance with State fire prevention code or as otherwise
required by State law.
229
3
3. Upon determining that a violation of this ordinance exists, written notice shall be issued to:
a. The registered owner or person(s) entitled to possession of the abandoned or neglected structure;
b. The registered owner, lessee, or person(s) entitled to the land on which the abandoned or neglected
structure is located;
c. Shall affix a notice of the dangerous character of the building to a conspicuous place on its exterior wall.
(§ 153A-366) (If a person removes a notice that has been affixed to a building by a local inspector and
that states the dangerous character of the building, he is guilty of a Class 1 misdemeanor).
4. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the abandoned structure located thereon to be removed, abated, or
remedied;
b. (1) Notify the owner that the building is in a condition that appears to constitute a fire or safety
hazard or to be dangerous to life, health, or other property;
(2) Notify the owner that a hearing will be held before the inspector at a designated place and time,
not later than 10 days after the date of the notice, at which time the owner is entitled to be heard in
person or by counsel and to present arguments and evidence pertaining to the matter; and
(3) Notify the owner the following the hearing, the inspector may issue any order to repair, close,
vacate, or demolish the building that appears appropriate.
c. Inform an owner who has received an order under G.S. 153A-369 that they may appeal from the order to
the board of commissioners by giving written notice of appeal to the inspector and to the clerk within 10
days following the day the order is issued. In the absence of an appeal, the order of the inspector is final.
The board of commissioners shall hear any appeal within a reasonable time and may affirm, modify and
affirm, or revoke the order;
d. State that the costs incurred by the county to remove, abate, or remedy the abandoned structure,
if not paid by the violator(s), shall be a lien upon the property.
3. If the name or whereabouts of the owner cannot after due diligence be discovered, the notice shall be
considered properly and adequately served if a copy thereof is posted on the outside of the building in
question at least 10 days before the day of the hearing and a notice of the hearing is published at least once
not later than one week before the hearing.
Penalties
If the owner of a building fails to comply with an order issued pursuant to G.S. 153A-369 from which no appeal
has been taken, or fails to comply with an order of the Board of Commissioners following an appeal, he is guilty of
a Class 1 misdemeanor and
Appeal
An owner who has received an order under G.S. 153A-369 may appeal from the order to the Board of
Commissioners by giving written notice of appeal to the inspector and to the clerk within 10 days following the
day the order is issued. In the absence of an appeal, the order of the inspector is final. The Board of
Commissioners shall hear any appeal within a reasonable time and may affirm, modify and affirm, or revoke the
order.
230
4
LITTER
Definitions
“Litter” shall include junk materials; machinery and equipment; appliances or other household items; lumber and
building materials; and dirt, sand, fill, rock, stone or other materials not forming part of a structure or
landscaping. “Litter” shall encompass the definitions of “object”.
“Chronic offender” shall mean a person who owns property whereupon, in the previous calendar year, the
county gave notice of violation at least three times under any provision of the public nuisance
ordinance.
“Object” shall mean any item of personal property other than a vehicle, boat or trailer-type vehicle with a current
and valid registration, which is not related to the use and purpose for which the real property is occupied or
owned or permitted by the applicable zoning classification. “Objects” under this chapter shall also include junk
materials; machinery and equipment; appliances or other household items; lumber and building materials; and
dirt, sand, fill, rock, stone or other materials not forming part of a structure or landscaping.
“To place” shall mean to establish the presence on property of an object which: a. Is capable of being moved or
removed which is not affixed to the real property; and b. Is present for a period of ten (10) consecutive days
whether or not the location of the item on the property is changed.
“Person” shall mean any natural person, corporation, and partnership, authority created by statute, association
or other entity or combination thereof.
“Unsafe Equipment” included any boiler, heating equipment, elevator, moving stairway, electrical wiring or
device, flammable liquid containers or other equipment on the premises or within the structure which is in such
disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or
occupants of the premises or structure.
Exceptions
• The provisions of this section shall not apply to material which is being used in connection with a
construction activity taking place on the premises provided the construction activity associated with an active
permit, is being diligently pursued, and complies with applicable ordinances and codes
• This ordinance shall not apply to bona fide farm properties as defined by NCGS §153A-340
• Ordinance shall not apply to properties that are not visible from residential or public uses (schools,
playgrounds) on adjacent properties or from transportation right-of-way
Enforcement
1. This Ordinance is effective to all residential zoned properties and in the zones that abut residential zones.
Applies to litter as defined in this Ordinance that is visible from an adjacent property, and/or transportation
public right of way;
2. It shall be unlawful for the occupant of premises or the owner of premises to have, to place, or to allow any
of the following on the premises to the extent and in a manner that could threaten or endanger the public
health, safety or welfare or could adversely affect and impair the economic value of adjacent property:
a. Any accumulation of litter, objects or unsafe equipment as defined in this section of the Ordinance on
any front, side or rear yard visible from an adjacent property, and/or transportation public right of way
b. Any object or objects, on the side or rear yards that is visible from a street or lane unless covered or
enclosed so as not to be visible from an adjacent property, and/or transportation public right of way
Process
1. Upon determining that a violation of this ordinance exists, the Planning Department shall issue written notice
231
5
to the registered owner, lessee, or person(s) entitled to the land;
2. The notice shall be provided by registered or certified mail. The notice shall:
a. Identify the property and describe the violation located thereon to be removed, abated, or remedied;
b. State that the costs incurred by the county for chronic offenders to remove, abate, or remedy the
violation, if not paid by the violator(s), shall be subject to NCGS §153A-140.2 for chronic offenses.
3. If the violation is not removed, abated or remedied within thirty (30) days of the initial notice, and an
appeal has not been filed, a second notice shall be issued. The notice shall:
a. Direct that the violation be removed, abated or remedied;
b. Advise that the property must comply by a specific date, such date not to be less than ten (10) days
nor more than one hundred thirty (30) days from date of the second notice;
c. Advise that civil penalties, are being accessed daily as of the date of the second notice; and,
d. Advise that in addition to any and remedies above, the Person County Board of Commissioners may
request criminal penalties in accordance with this Ordinance.
Penalties
Penalties would be consistent with our existing standards except for chronic offenders.
1. Any person, firm or corporation who violates any provision of this ordinance shall be guilty of a Class 3
misdemeanor and shall be fined not more than five hundred dollars ($500). Each day a violation exists shall
be a separate violation hereunder.
2. This Ordinance may be enforced by an appropriate equitable remedy, including temporary restraining order,
preliminary injunction and permanent injunction was issued by a court of competent jurisdiction.
3. Pursuant to NCGS §153A-140.2, the County Planning Director may issue annual notice to chronic violators.
The County may notify a chronic violator of the County's public nuisance ordinance that, if the violator's
property is found to be in violation of the ordinance, the county shall, without further notice in the calendar
year in which notice is given, take action to remedy the violation, and the expense of the action shall become
a lien upon the property and shall be collected as unpaid taxes.
Appeals
Unless the owner is a chronic violator, an owner who has received a violation notice under this section may
appeal from the order to the Board of Adjustment by giving written notice of appeal to the Planning Department
and to the clerk within 10 days following the day the order is issued. In the absence of an appeal, the order of the
Planning Director is final.
Without exception, the County may notify a chronic violator of the county's public nuisance ordinance that, if the
violator's property is found to be in violation of the ordinance, the county shall, without further notice in the
calendar year in which notice is given, take action to remedy the violation, and the expense of the action shall
become a lien upon the property and shall be collected as unpaid taxes. The notice shall be sent by certified mail.
232
233
234
235
236
237
238
AGENDA ABSTRACT
Meeting Date: February 16, 2015
Agenda Title: Unified Development Ordinance
Background: At the January 5, 2015 Board of County Commissioners Meeting, staff was
asked to compile additional information about creating a Unified Development Ordinance (UDO).
Summary of Information:
A Unified Development Ordinance (UDO) is a single document that contains all development
guidance in one place. In addition, the benefit of going through the UDO process is that it results in
the following:
• Improves formatting for ease of use
• Creates consistency in permitting, approvals, enforcement and administration
• Ensures changes are consistent with state current statutes
• Modernizes language to reflect contemporary circumstances
Below are two examples of how the UDO process could impact our ordinances:
1. Update to the Table of Permitted Uses. The current table does not include new terms such
as “solar farms”, making it difficult and confusing to find what uses are permitted where.
2. Currently, each separate ordinance has similar information pertaining to administration,
enforcement and permitting. Each of these separate sections could be condensed into one
section that can be used for all ordinances. This reduces redundancy and ensures that,
whenever possible, we are using the same rules for administration, enforcement and
permitting.
Cost:
Year 1 Year 2 Total
$30,000 $30,000 $60,000
2-year Process:
• Hire consultant
• Conduct public engagement
• Present frequent updates to Board of County Commissioners and Planning Board for
feedback
• Present final draft for approval
Recommended Action: Provide staff with feedback
Submitted By: Michael Ciriello, Planning Director
239