Agenda Packet December 1 2014PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
December 1, 2014
6:30 pm Organizational Meeting
CALL TO ORDER…………………………………………………. Chairman Clayton
INVOCATION
PLEDGE OF ALLEGIANCE
ITEM #1
APPROVAL OF MINUTES: November 13, 2014 and November 17, 2014
RECOGNITION OF FRANCES P. BLALOCK ……………….. Chairman Clayton
PRESIDING OVER BOARD ...……………………… County Attorney, Ron Aycock
SWEARING-IN CEREMONY …………………. The Honorable Deborah L. Barker
Commissioners Elect
Tracey L. Kendrick
Kyle W. Puryear
Soil & Water Conservation District Supervisors
Cal Berryhill
Russell G. Horton
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ORGANIZATION OF BOARD
Election of Chairman ...……………………… County Attorney, Ron Aycock
Election of Vice-Chairman ………………….. County Attorney, Ron Aycock
ITEM #2
APPROVAL OF BONDS …………………………….. County Attorney, Ron Aycock
The Finance Director, The Register of Deeds, The Sheriff, and The Tax Administrator
*********************
Recess until 7:00 pm or a brief recess if after 7:00 pm
7:00 pm
CALL TO ORDER…………………………………………. Newly Elected Chairman
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
ITEM #3
RECOGNITION:
Resolution of Appreciation for Retiree ……………………. Newly Elected Chairman
Dorothy Chandler
PUBLIC HEARING:
ITEM #4
Close-out of CDBG Scattered Site Grant #11-C-2322 …………………. Karen Foster
CONSIDERATION TO GRANT OR DENY REQUEST
ITEM #5
Close-out of CDBG Scattered Site Grant #11-C-2322 ……. Newly Elected Chairman
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10 minute
segment which is open for informal comments and/or questions from citizens
of this county on issues, other than those issues for which a public hearing
has been scheduled. The time will be divided equally among those wishing to
comment. It is requested that any person who wishes to address the Board,
register with the Clerk to the Board prior to the meeting.
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ITEM #6
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Tax Adjustments for November 2014
a. Tax Releases
b. NC Vehicle Tax System pending refunds
c. A written request for refund in the amount of $890.34
UNFINISHED BUSINESS:
NEW BUSINESS:
ITEM #7
Annual Report from Region K Community Assistance
Corporation and Person County Senior Center
Status and Updates ………………………………….. Diane Cox and Maynell Harper
ITEM #8
Person County Emergency Management Ordinance ……………………….. Wes Lail
ITEM #9
Board of Commissioners 2015 Schedule of Meetings ………………... Brenda Reaves
ITEM #10
Adoption of the Fiscal Year 2015-20106 Budget Calendar ………………. Heidi York
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1:
Closed Session per General Statute 143-318.11(a)(5) to consider the acquisition or
lease of real property with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron
Aycock, Assistant County Manager, Sybil Tate, Recreation Director, John Hill,
General Services Director, Ray Foushee and Finance Director, Amy Wehrenberg.
CLOSED SESSION #2:
Closed Session per General Statute 143-318.11(a)(6) for the purpose to discuss
personnel with the following individuals permitted to attend: County Manager,
Heidi York, County Attorney, Ron Aycock and Clerk to the Board, Brenda Reaves.
Note: All Items on the Agenda are for Discussion and Action as deemed
appropriate by the Board.
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November 13, 2014
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PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 13, 2014
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear
B. Ray Jeffers - ABSENT Brenda B. Reaves, Clerk to the Board
Frances P. Blalock
David Newell, Sr.
The Board of Commissioners for the County of Person, North Carolina, met in a special called
meeting on Thursday, November 13, 2014 at 12:00 noon in the Person County Human Services FEMA
Room jointly with Roxboro City Council and Person County Business Industrial Center, Inc. (PCBIC)
and other attendees as listed below. The purpose of the meeting is for closed session discussion of
matters relating to the location or expansion of industries or other businesses in the county per General
Statutes 143-318.11(a)(4) jointly with Roxboro City County and PCBIC to receive the Duke Readiness
Program Site Evaluation.
Board of Commissioners and Clerk to the Board Attendees:
Chairman Clayton, Commissioners Blalock, Puryear and Newell, Commissioner Elect Tracey
Kendrick and Clerk to the Board, Brenda Reaves. Commissioner Puryear arrived to the meeting at 12:08
pm. Vice Chairman Jeffers was absent.
Roxboro City Council Attendees:
Mayor Merilyn Newell, Council Members Henry Daniel, Sandy Stigall, Mark Phillips and Byrd
Blackwell. Mayor Pro-Tem William Davis and City Clerk Trevie Adams were absent.
PCBIC Board Attendees:
Randy Reynolds, Kenneth Perry, William Carver, III, Ernie Wood, Phillip Allen, Derrick Sims,
County Manager, Heidi York, City Manager, Stephen Steese, Dr. Walter Bartlett,
Economic Development Director, Stuart Gilbert, and
Economic Development Senior Administrative Support, Sherry Wilborn
Brad Jordan was absent.
McCallum Sweeney Consulting Attendees:
Mark Sweeney, Beth Land, and Cole Egan
Duke-Energy Attendees:
Randy Broome, and John Geib
Timmons Group Attendees:
Blake Hall, Michael Solomon, and Joe Hines
ECS Carolinas Attendees:
Mike Fisher, and Terry Pope
City of Roxboro Attendees:
Assistant City Manager, Tommy Warren and Roxboro Fire Chief, Kenneth Torain
Person County Attendees:
Assistant County Manager, Sybil Tate, County Planner, Paula Murphy, Finance Director, Amy
Wehrenberg, Emergency Management Director, Wes Lail and IT Specialist, Dale LaRoe
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Research Triangle Regional Partnership Attendees:
Debbie Lilly
Project Trace Team Attendees:
Joe Magno
Karen Shank
Jed McMillan
State Official Attendees:
Mike Woodard
Larry Yarborough
Chairman Clayton called the special called meeting to order.
CLOSED SESSION:
A motion was made by Commissioner Blalock and carried 3-0 to enter into Closed Session per
General Statute 143-318.11(a)(4) at 12:03 pm for the purpose to receive the Duke Readiness Program Site
Evaluation relating to the location or expansion of industries/businesses in the county jointly with
Roxboro City Council and Person County Business Industrial Center, Inc. (PCBIC) and other project
attendees (all individuals as named above as attendees are included in the Closed Session).
A motion was made by Commissioner Blalock and carried 4-0 to return to open session at 1:54
pm.
ADJOURNMENT:
A motion was made by Commissioner Blalock and carried 4-0 to adjourn the meeting at 1:54
pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman
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November 17, 2014
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PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 17, 2014
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Frances P. Blalock
David Newell, Sr.
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, November 17, 2014 at 9:00 am pm in the Person County
Office Building Auditorium.
Chairman Clayton called the meeting to order, led invocation and asked Vice
Chairman Jeffers to lead the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
agenda.
RECOGNITION OF LOCAL GOVERNMENT DAY:
Chairman Clayton welcomed the Person High School students enrolled in civics
and economics participating in Local Government Day to observe the Board of County
Commissioners in session. Chairman Clayton, Vice Chairman Jeffers and
Commissioners Puryear, Newell and Blalock proceeded to introduce themselves; County
Attorney, Ron Aycock, County Manager, Heidi York, Clerk to the Board, Brenda Reaves
also introduced themselves.
RESOLUTION OF APPRECIATION FOR RETIREE:
Chairman Clayton read and presented a Resolution of Appreciation to Person
County retiree, Linda Clay-Bailey.
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PERSON COUNTY GOVERNMENT QUARTERLY SAFETY AWARD:
County Manager, Heidi York reminded the group that the Person County Safety
Committee implemented a safety recognition program whereby each quarter, a county
department will be awarded a Certificate of Safety and Health Achievement for
exemplifying dedication to the health and safety of employees at the work site. The
recipient of the award is selected by the Person County Safety Committee, whose
recommendations are based on established criteria such as attendance at county wide
safety trainings, reporting hazards and accidents in a timely manner and investigation and
following up with each accident. The selection committee also looks at how well the
department performs on facility inspections, emergency procedures testing and other
safety acts.
Ms. York stated the Person County Safety Committee has selected the next
quarterly county department safety winner for the quarter ending in September 2014.
Ms. York recognized the Emergency Medical Services (EMS) as Person County’s safety
award winner for July –September 2014. For earning the safety award, EMS will receive
a certificate of achievement and have their name inscribed on the Person County
Government Quarterly Safety Department Plaque that is located outside the
Commissioners’ meeting room. EMS has joined five other departments that, according to
the words on the plaque, are recognized for “exemplary work and dedication to Person
County Government, providing outstanding contributions to safety with an emphasis on
providing their employees a safe and healthy work environment”.
EMS was chosen for their exceptional safety practices and trainings over the last
year. As evidence of this, the division has increased responsiveness and participation with
safety drills and trained to be an administrator for fit testing. EMS has been working
diligently to get the SMAT (State Medical Disaster Team) up and running. Their staff
also hosted and attended the “Fit Responder” class sponsored by the North Carolina
Association of County Commissioners. It has been proven that implementing techniques
from this class reduces the risk of back injuries by almost 60%. Although training has
always been a hallmark of EMS, the department has boosted the training curriculum by
making the following a part of their training regimen - Distractive Decision Making,
Defensive Driving, Hazardous Communication, and headed up a “No texting and Driving
Campaign”.
Emergency Medical Services is one division of the Person County Emergency
Services. The department is dedicated to safety and has been constantly working to
improve safety awareness and prevention among their staff. They are committed to
preserving quality of life for citizens and visitors of Person County through interaction
with our community. They strive to be a leader for the region in regards to responsive,
effective, and efficient delivery of protective services for the citizens and visitors of
Person County. EMS runs approximately 5100 calls a year and operates with four shifts
working 24 hours on 72 hours off.
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Ms. York presented the award to Greg White, EMS Manager, Brook Price, EMS
Compliance Officer and Wes Lail, Emergency Management Director. Mr. Lail
commended Person County’s Safety Officer, Rebecca Morrow for her efforts for safety
awareness.
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PUBLIC HEARING:
FISCAL YEAR 2016 COMMUNITY TRANSPORTATION PROGRAM
APPLICATION:
A motion was made by Vice Chairman Jeffers and carried 5-0 to open the duly
advertised public hearing on the proposed FY2016 Community Transportation Program
Application to be submitted to the North Carolina Department of Transportation no later
than November 21, 2014.
Kathy Adcock, Person Area Transportation Manager stated the Community
Transportation Program (5311 Grant) provides assistance to coordinate existing
transportation programs operating in Person County as well as provides transportation
options and services for the communities within this service area. This grant enhances
the public’s cost per trip to shopping, health care, education, employment and many other
services. It encourages public transit due to a lower cost for fares. This grant is also used
to assist with Administration and Capital cost for vehicles and technical assistance.
These services are currently provided using demand response, subscription and trip
referrals. Services are rendered by utilizing ADA vans and Light Transit Vehicles. The
total estimated amount requested for the period July 1, 2015 through June 30, 2016.
Project
Total Amount Local Share
Administrative
$ 193,737 $ 29,062 (15%)
Capital (Vehicles &
Other)
$ 176,760 $ 17,676 (10%)
Operating (Small fixed-route,
regional, and consolidated urban-
rural systems only)
$ 0 $ 0 *(50%) or more
*Note: Small Fixed
Route systems must
contribute more than
50%
TOTAL PROJECT $ 370,497 $ 46,738
Total Funding Request Total Local Share
Ms. Adcock requested Board approval for the total funding requested as
presented.
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There were no individuals appearing before the Board to speak in support or in
opposition to the proposed FY2016 Community Transportation Program Application to
be submitted to the North Carolina Department of Transportation no later than November
21, 2014.
A motion was made by Vice Chairman Jeffers and carried 5-0 to close the public
hearing on the proposed FY2016 Community Transportation Program Application to be
submitted to the North Carolina Department of Transportation no later than November
21, 2014.
CONSIDERATION TO GRANT OR DENY REQUEST REGARDING FISCAL
YEAR 2016 COMMUNITY TRANSPORTATION PROGRAM APPLICATION:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
FY2016 Community Transportation Program Application to be submitted to the North
Carolina Department of Transportation no later than November 21, 2014.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont addressed the Board related
to the responsibility of commissioners elected to represent all citizens and serve as role
models to the youth. Ms. Blalock referred to the landfill as a dump that has a stench
smell, with hazardous materials being accepted noting arsenic has been detected in
nearby surrounding wells. Ms. Blalock questioned the fact that the landfill is considered
a farm.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 20, 2014
B. Budget Amendment #10 including Block Grant Agreements and Resolutions
C. Budget Transfer/Amendment
D. CDBG Monthly Reporting for the months of October and November 2014
E. Tax Adjustments for October 2014
a. October 2014 Tax Releases
b. October 2014 NC Vehicle Tax System pending refunds
NEW BUSINESS:
UPTOWN SHUTTLE PROJECT:
Person Area Transportation Manager, Kathy Adcock noted last year, Roxboro
was selected as one of only four communities in the Nation to participate in a program to
promote economic development through improved public transportation. There was a
perception in the community that the mobility needs of Roxboro had evolved, and that a
fixed route transit system was needed which would complement the existing Person Area
Transportation System (PATS). The assistance was provided to PATS through the
Region K Community Assistance Corporation by the Community Transportation
Association of America (CTAA). Over the past several months, PATS and CTAA
assessed the transportation needs of the Roxboro, closely examining where residents
wanted to go, where they were coming from, at what times of the day and what days of
the week. There is consensus that the travel needs for shopping, work, education, health
care and recreation justify a transit service with a fixed route and schedule in Roxboro.
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Ms. Adcock introduced Mr. Joe Seitz, President of the LPI Group, LLC to
present the Executive Summary for the Uptown Shuttle Project.
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County Manager, Heidi York summarized the fixed route service would circulate
in Roxboro, operating from 6:00 am to 6:00 pm Monday - Friday. The route would
extend from Wal-Mart to the Community College, serving most all businesses and major
destinations. Buses would alternate travelling the route in a clockwise, and then
counterclockwise direction.
Mr. Seitz stated it is important to note that PATS already has the resources to
launch this new route; PATS current funding and fleet will support the new service
without any financial contributions from the City or County.
Ms. Adcock explained how the new program would be marketed to citizens of the
county with funding from the COG with a fare charged to each rider in the amount of
$1.00.
Vice Chairman Jeffers asked about signage at each stop. Ms. Adcock stated as
the program progressed, signs would be added over time. When asked about adding or
removing scheduled stops, Ms. Adcock noted the proposed route is a starting point and
any changes to the route would be communicated and discussed with the PATS board and
the Board of Commissioners.
Ms. Adcock requested Board approval to start the Uptown Shuttle Route as
presented.
A motion was made by Commissioner Blalock and carried 5-0 to approve the
implementation of the Uptown Shuttle Route as presented.
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PUBLIC NUISANCE PROPOSAL:
Mike Ciriello, Planning Director reminded the Board that at the September 8,
2014 Board of Commissioners meeting, staff was directed to provide a proposal
regarding the county’s options for removing abandoned homes, litter and abating public
nuisances. Mr. Ciriello stated staff has researched surrounding/similar counties to
determine which beautification/public nuisance regulations are common elsewhere.
Abandoned Structures and Littering ordinances are the most common in the counties that
were surveyed.
County Minimum
Housing
Abandoned
Structures Littering Appearance
Commission1
Person No No No No
Granville No No Yes No
Caswell No No No No
Orange Yes Yes Yes Yes
Durham Yes Yes Yes Yes
Halifax, VA No Yes Yes No
Vance No Yes Yes No
Warren No Yes2 No No
Franklin No No No Yes
Chatham No No Yes Yes
1 – Includes landscape, architecture regulations
2 – Abandoned Mobile Home Ordinance
Mr. Ciriello asked if the Board was interested in pursuing public nuisance/
beautification regulations noting before reviewing the regulation options in detail, the
Board should consider whether it would like to proceed with enacting additional
regulations.
Pros Cons
• Improve public health and safety
• Improve the landscape and image
of Person County
• Increase neighboring property
values
• Address recent citizen concerns
• Collectively, these changes may
have a positive influence on
economic development.
• Implementing these regulations may
impact private property rights
• Cost – staffing and operating costs
will be incurred
Mr. Ciriello presented the Board with the following options:
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OPTION #1: Adopt Abandoned Structures Regulations (153A-365 – 153A-372.1)
a) Process: Craft and adopt ordinance. Expect an exemption to be included for
farm buildings. Pursue State grant funds to subsidize the clean-up of abandoned
mobile homes.
i. Definitions: Abandoned (or Unusable) Structures Ordinance
DEFINITIONS: DANGEROUS AND ABANDONED BUILDINGS
As used in this ordinance, the following words and terms shall have the meanings
prescribed herein:
Abandoned Building or Structure
• Any vacant building which is frequented by persons who are not lawful
occupants of such structure.
• Any vacant building which, by reason of lack of maintenance, or by reason of
the boarding up of its doors and windows, or other reasons, has a substantial
adverse effect on the value of the property in the immediate neighborhood.
• A building or structure, the principal use of which has been abandoned, and
that no longer has any function or use.
• Any vacant building which has had its doors or windows boarded up for
emergency reasons for a period of in excess of eight (8) weeks.
Building or Structure
Includes anything constructed or erected, the use of which requires permanent or
temporary location on or in the ground including, but not limited to, buildings of
all types and use groups, advertising signs, billboards, swimming pools, sheds,
garages, fences or any other manmade structure. Farm structures are exempt.
Dangerous Building or Structure
• Any building or structure which is dangerous to the public health or safety
because of its construction or condition, or which may cause or aid in the
spread of disease or which may become a harborage for rodents or other
animals, or which may cause injury to the occupants thereof or of a
neighboring building or structure.
• Any building or structure which, because of faulty construction, age, lack of
proper repair or any other cause constitutes or creates a fire hazard.
• A Building or structure, the principal use of which has been abandoned, and
that no longer has any function or use.
• Any vacant building which has had its doors or windows boarded up
for emergency reasons for a period of in excess of eight (8) weeks.
b) Cost estimates: $15,000-$51,000
i. 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.
ii. Operating: $15,000 - $20,000 – Some operating funds would be needed to
pay for clean-up of abandoned structures.
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c) Enforcement: The Inspections Department will manage the initial visit,
investigation, and appeals process. The Planning Department would manage the
abandoned mobile home removal grant program. The court system must provide
an order of abatement and in the event that the court directs the county to front the
cost of abatement, those costs could be collected when the property is sold.
NOTE: The cost of removal of abandoned structures could be collected via the
property tax bill, if the BOC adopted a minimum housing code.
OPTION #2: Adopt Littering Regulations (GS 153A-121, 153A-140.2)
a) Process: Create a “Public Nuisance” Ordinance
i) Below is sample language from the City of Roxboro:
CONDITIONS DEEMED PUBLIC NUISANCE.
The existence of any of the following conditions on any vacant lot or other
parcel of land within the corporate limits is declared to be dangerous and
prejudicial to the public health or safety and to constitute a public
nuisance:
(A) Any accumulation of rubbish, trash, junk, debris, wood or brush
causing or threatening to cause the accumulation of stagnant water, or
causing or threatening to cause the inhabitation therein of rats, mice,
snakes or vermin of any kind which is or may be dangerous or prejudicial
to the public health.
(B) Any condition detrimental to the public health which violates the rules
and regulations of the County Health Department.
b) Cost estimate: $31,000- $62,000
(A) 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
(B) Operating cost: $5,000 - $10,000
c) Enforcement: The Sheriff’s Office will manage the initial visit and investigation.
The Planning Department will handle the notification, hearing and appeal
requirements. In the event that a resident is cited three times in one year (chronic
offender), the county could contract to have the litter cleaned up and then collect
the cost of abatement via the property tax bill.
d) Other Considerations: If the Board of Commissioners decides to adopt litter
regulations, staff recommends appointing a joint Appearance Commission with
the City of Roxboro to help craft the ordinance language, organize clean-up
activities and develop future appearance-related concepts, such as landscaping
and architectural requirements. The City Council has discussed creating an
Appearance Commission and may be interested in creating a joint commission.
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OPTION #3: Do nothing
Mr. Ciriello and Assistant County Manager, Sybil Tate requested the Board to
provide staff with feedback about whether to move forward or not with the abandoned
structure and/or littering regulations and the Appearance Commission.
Commissioner Newell noted the City’s code provided for a stricter, faster remedy
for public nuisance.
It was the consensus of the Board to strengthen the current ordinance on the books
rather than create a new ordinance.
A motion was made by Commissioner Newell and carried 5-0 to instruct Mike
Ciriello to confer with the City of Roxboro of potentially working jointly with public
nuisance complaints and bring back to the Board of Commissioners recommendations of
text amendments reinforcing/strengthening the county’s existing ordinance as well as to
pursue establishing a joint Appearance Commission with the City of Roxboro.
Mr. Ciriello stated he would bring back recommendations to the existing county
ordinances to include the language and procedures to strengthen and speed up the process
from a citizen complaint to remedy.
Commissioner Newell added that citizens with liability insurance may have a
remedy within their insurance policy for removal and cleanup of burned structures.
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PUBLIC SAFETY COMMUNICATION TOWERS UPDATE:
Assistant County Manager, Sybil Tate reminded the Board had funded $100,000
in the FY15 budget to complete environmental studies for four tower locations. Ms. Tate
stated the four 300 ft. towers will improve Person County’s public safety
communications system at a total cost of the construction estimated at $4M.
Ms. Tate updated the Board that the State has offered to pay for the construction
of the Woodland tower; Person County will construct three towers – Bethel Hill, Mt.
Tirzah and Bushy Fork. Below are map images of the four tower locations:
Bethel Hill
Ms. Tate stated Bethel Hill Charter School has requested the fall zone be reduced
from 300 ft. to 150 ft. so they have more use of their land. Ms. Tate indicated the 20 ft.
access road will need to be improved with a drain solution determined by the Department
of Water Quality.
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Mt. Tirzah
Ms. Tate stated the Mt. Tirzah tower fall zone will need to be reduced from 300
ft. to 50 ft.
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Bushy Fork
Ms. Tate stated the Bushy Fork tower location will require an access road and
improved drainage.
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Woodland (constructed by the State)
Ms. Tate noted the Woodland tower will be reduced to 100 ft.
Ms. Tate stated the status of the environmental studies will survey and finalize the
tower locations. Ms. Tate described one challenge with both the Bushy Fork and
Woodland locations are due to nearby historic properties to which balloon testing for
sight recognition has been performed as well as reducing the fall zone; the county is
working with the State Historic Preservation Office to ensure compliance. Another
challenge has been the height limitations by the County’s Telecommunications
Ordinance.
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Ms. Tate indicated one of the next steps would be to complete leases with the
Board of Education and Bethel Hill Charter School. The Superintendent has asked that
the county lease the tower land from the Board of Education for the Woodland tower
location and then the county will sublease it to the State. The cost of the lease is $1.00
and will need to be approved by both the Board of Education and the Board of
Commissioners. Ms. Tate requested Board approval for the General Services Director,
Ray Foushee, to begin negotiations of the terms of the lease with the State.
Ms. Tate stated Bethel Hill Charter School has asked for revenue sharing, in the
event that a cell phone provider leases space on the tower. County Manager, Heidi York
recommended that any such revenue sharing convene after the county recoups the costs
of construction.
A motion was made by Commissioner Newell that was withdrawn for the county
to review alternate sites for the Bethel Hill tower location.
It was the consensus of the Board to offer any potential revenue sharing at 25% to
Bethel Hill Charter School and 75% Person County.
Ms. Tate addressed the County’s Wireless Telecommunications Facilities
Ordinance challenge related to the setback rule. Ms. Tate stated the County’s current
ordinance requires that towers be setback from the property line the height of the tower or
the height of the engineered break point. For example, the proposed towers are 300 ft. tall
and would require a 300 ft. fall zone and setback. However, staff recommended a reduced
fall zone for all of the towers due to space constraints which is costly. For example, the
Mt. Tirzah tower will be engineered to have a 50 ft. setback, to increase the distance
between the playground area and the tower. Engineering the tower to have a reduced fall
zone increases the cost of the tower. Ms. Tate noted staff has begun to investigate
alternatives for reducing the fall zone requirements, which could reduce the total project
cost.
It was the consensus of the Board to review the Wireless Telecommunications
Facilities Ordinance.
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CHAIRMAN’S REPORT:
Chairman Clayton had no report.
MANAGER’S REPORT:
County Manager, Heidi York announced the Board of Commissioners will meet
jointly with the Fire Chiefs of Person County on December 8, 2014 at 6:30 pm.
Chairman Clayton recognized County Attorney, Ron Aycock for a report to the
Board related to two lawsuits. Mr. Aycock updated the Board on the following:
1. Person County has a legal obligation to recover state and/or federal grant
funding when the terms have not been fulfilled. Such a pending case exists
with a now deceased, past participant in the Community Development Block
Grant program for low-income homeowners to apply and accept funds for
urgent repairs and/or rehabilitation. Mr. Aycock stated the Tuck family and
the estate of the deceased has refused adamantly to repay $100,000 in grant
funding as a result of noncompliance with the terms set forth, and
2. Person County was left property in the form of a house by a citizen some
years ago that benefits the County Library. The house is located on
Burlington Road and has been used as a rental for a number of years. Due to
the need for repairs, etc., the lawsuit is requesting Substitute Trustees to sell
the house via judicial sale with an upset bid provision with all funds devoted
to the Library.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Jeffers and Commissioners Newell and Puryear had no report or
comments.
Commissioner Blalock gave her farewell speech as follows:
I want to thank God first and the citizens of Person County next for allowing me
to be your commissioner for the last four years. It was never one of my life goals.
So why should I do this? It is important that I tell you why.
I saw a great need among many needs here in Person County. This situation was
created by our own government who forgot to protect the citizens in one area of
our county. That commissioner board made these people sacrificial lambs for the
rest of the city and county and 42 other counties in NC and VA. Person County
could have built its own landfill giving us control over what was put there, and
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25
the landfill fees would have paid for the construction as well as bring in revenue
after the construction debt was paid. That would have saved all these years of
conflicts, long public hearings and angry citizens. But Commissioners took the
lazy way out. They chose to allow a private company to come in and sell them a
bill of goods. The county relinquished all control over the amount and the kinds of
toxic substances that would be buried here for eternity for a mere $2 a ton. That
commissioner board could have provided a safe and healthy environment for
everyone. They chose not to.
And now there are some uninformed members of this very board who want to
continue this practice rather than reduce our waste stream by recycling. You
think it will be economic development to sell more garbage space. You need to do
your homework. I hope you know how hard I have worked since 2006 to expand
recycling so we could take care of our own trash and not need a mega landfill.
The citizens in the east will have served their 20 year sentence in 2017.
Their sentence should end and another option for our waste should be chosen. If
you don't change directions for this county, mark my words, you will not believe
what Upper Piedmont has in store for us. Between trash, coal ash and fracking
waste we could become another Perry County, Alabama.
Granville County wisely built their own landfill recently. When I asked Jason
Falls why they did he said quote "even though it is expensive, I still feel we will
have the upper hand with respect to having our own landfill under our control.
That was the biggest selling point for us." We need to talk with those folks.
Now I just want to remind you not to forget the 30 thousand plus county citizens
whose only voice is this board. While the city is part of the county, they have the
city council as an advocate. The county only has you. You are now their
protector.
There are four facts of finding in the planning ordinance that you must apply to
many of the decisions that you will make.
1. Will it endanger the health and safety of the public? Any of the public.
2. Does it meet all requirements whatever they are?
3. Will it injure adjacent property value?
4. Is it in Harmony with the area?
You may think you have the power to do whatever you wish. But there are checks
and balances you may not know about even for this board.
When people care enough they will find a way to stop you.
An expensive legal challenge was brought by PCPRIDE in 2007 signed in 2008 to
stop a decision by a former board on which two of you were commissioners. They
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26
proved three of the four facts of finding were being violated. The planning board
had even voted with PCPRIDE. Yet, that board voted to expand the landfill.
I have that settlement document in my hand. It has my signature on it. I am going
to send it to each of you along with the original challenge to help you do your
homework before this issue comes roaring back at us.
This document is still valid. I asked the lawyer who drew up this challenge. It
does not have an expiration date. It was used against me in two election
campaigns. But It can still be used to stop this board.
My final statement is that each of you should read and reread the Person County
Code of ethics and then make sure you live those rules going forward. You owe it
to the voters to be an example and a role model for our young people. If you can't
follow those rules, you should resign. You should not bring disgrace to this office.
People want to trust the people they elect. And it is my hope we will be able to
trust you.
Now don't just take the easy way out. Be the best board this county has ever had
by doing the right thing. Take us forward even if it is the most difficult thing you
ever do. Put solving our solid waste problems before providing a place for a few
people to play.
Don't give in to those who hide their true intentions with flowery words telling
you the easy and lazy way out. The landfill's mantra has always been, "You can't
afford it.” “But, commissioners, we can't afford not to."
Please, don't begin another civil war in our county. Find a better way.
Just know that I will continue to have a watchful eye while it will be a relief to be
out of the public eye.
Once again, thank you. And may God bless you.
Chairman Clayton announced a recess at 10:42 am to relocate the meeting to the
Board of Commissioners’ usual meeting room 215 to hold the two Closed Sessions.
Chairman Clayton reconvened the meeting at 10:50 am.
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CLOSED SESSION #1:
A motion was made by Commissioner Newell and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property at 10:52 am with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron
Aycock, Assistant County Manager, Sybil Tate, Recreation Director, John Hill and
Commissioner Elect Tracey Kendrick.
A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open
session at 12:02 pm.
CLOSED SESSION #2:
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(6) for the purpose to discuss personnel at
12:02 pm with the following individuals permitted to attend: County Manager, Heidi
York, County Attorney, Ron Aycock, Commissioner Elect Tracey Kendrick and Clerk to
the Board, Brenda Reaves.
A motion was made by Commissioner Blalock and carried 5-0 to return to open
session at 12:36 pm.
It was consensus of the Board to award County Manager, Heidi York a 3% merit
pay based on her annual performance evaluation. The Board requested Ms. York to bring
back to the Board samples of the evaluation tool as well as information related to the
number of the county workforce receiving merit pay at the achieves and exceeds
standards.
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28
ADJOURNMENT:
A motion was made by Commissioner Newell, and carried 5-0 to adjourn the
meeting at 12:38 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
33
AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Approval of Bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff
Summary of Information: Chapter 161(Register of Deeds) and 162 (Sheriff) of the North
Carolina General Statutes requires the Board of County Commissioners to approve the official bonds
at the first meeting in December. The Bonds are a continuation of existing bonds and were secured
by the County Human Resources Director, who also serves as Insurance Liaison. The Human
Resources Director provided information that the Sheriff’s bond, in the amount of $25,000, is for the
length of his term. The Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each
for the Tax Administrator and Finance Director (amount of each Bond is dictated by legislature).
Recommended Action: Approve the Bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff
Submitted By: C. Ronald Aycock, County Attorney
34
RESOLUTION OF APPRECIATION
WHEREAS, Dorothy Chandler has served the people of Person County
during her tenure working for Person County as a Transit
Specialist with the Person Area Transportation System
(PATS); and
WHEREAS, Dorothy Chandler has served the citizens of Person
County with honor, integrity, sincerity and dedication,
providing accurate, concise services for five years,
December 2009 – November 2014; and
WHEREAS, Dorothy Chandler has earned the respect and admiration
of all who have known her and worked with her throughout
her career; and
WHEREAS, the County of Person recognizes the many contributions
Dorothy Chandler has made to the County and offers her
sincere best wishes for her retirement.
NOW, THEREFORE, I, _________________, Chairman of the Person
County Board of Commissioners, do hereby extend this Resolution of
Appreciation to Dorothy Chandler for continually striving to make Roxboro
and Person County a better place to live and work.
Adopted this, the 1st day of December, 2014.
____________________________________
, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves, NCCCC, CMC
Clerk to the Board
35
AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Public Hearing for the Close-out of CDBG Scattered Site Grant #11-C-2322
Summary of Information: Currently preparing to close-out the 2011 housing rehabilitation
program for Person County. The close-out requires a public hearing and a vote by the Board of
Commissioners to proceed with the close-out.
The Person County CDBG Scattered Site project completed a total of eight (8) site projects:
Clearance and Reconstruction 1
Rehabilitations (L-1) 3
Urgent Repairs 4
Total Beneficiaries 12
Recommended Action: Approval to proceed with the close-out of CDBG Scattered Site Grant
#11-C-2322.
Submitted By: Karen Foster, Contractor
Kerr-Tar Regional Council of Governments
36
NOTICE OF PUBLIC HEARING
COUNTY OF PERSON
COMMUNITY DEVELOPMENT
BLOCK GRANT
SCATTERED SITE PROGRAM
Notice is hereby served that
the Person County Board of
Commissioners will hold a public
meeting on Monday, December 1,
2014 at 7:00 in the Commissioner’s
Room 215, 304 S. Morgan Street,
Roxboro, NC 27574. The purpose
of this hearing is to receive citizen’s
comments regarding the close out of
the Community Development Block
Grant Program, Project No. 11-C-
2322. This project was to provide
housing rehabilitation, reconstruction,
demolition and urgent repairs for low-
moderate income homeowners.
Any and all interested citizens are
invited to attend this Public Hearing.
Assistance or special aids for the
handicapped are available upon
request. Person County uses the
state TDD number which is: 1-800-
735-2962. Questions or comments
concerning this Public Hearing or
the Community Development Block
Grant Program should be addressed
to:
Heidi York, County Manager
County of Person
304 S. Morgan Street
Roxboro, NC 27574
hyork@personcounty.net
Person County is an equal
opportunity employer and service
provider. Public improvements,
housing rehabilitation assistance
and other public programs are
administered without regard to race,
color, creed, sex, religion, familial
status, handicap, or national origin.
Minority, female and underutilized
businesses are encouraged to
participate in CDBG Programs.
Esta información está disponible
en español o en cualquier otro idioma
que necesita. Por favor, póngase en
contacto con Brenda Reaves al
1-336-597-1720 para esta solicitud.
Jimmy B. Clayton, Chairman
Person County Board of
Commissioners
Nov. 19, 2014
37
AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Tax Adjustments for November 2014
Summary of Information:Attached please find the tax releases, motor vehicle pending
refunds, and a request for refund under G.S. 105-381 for November 2014.
1. November 2014 tax releases.
2. November 2014 North Carolina Vehicle Tax System (NCVTS) pending refunds.
3. A written request for refund under G.S. 105-381 was made by Ms. Barnette. Ms.
Barnette was charged taxes for a manufactured home that she had previously sold. The
home was sold, but remained on her property, with the new owner renting the lot from
Ms. Barnette. While this refund statute is very restrictive(limited to a staff clerical error
or illegal tax), we feel that this refund request qualifies for a refund, since this home was
taxed twice.
The taxpayer was charged for this manufactured home, with a tax assessment of $10,825
for 2013, and a tax assessment of $14,096 for 2009-2012. This resulted in an over-
assessment of $67,209 ($470.45 in county property taxes, and $419.89 in city property
taxes).
The recommended refund is $890.34.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
38
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 11182014 PAGE: 1
ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE
DISTRICT-"
40591 1132013 CASTLE THOMAS ALLEN II P UP RAM 1/2 TON TK
40591 113 54982 -38.64 0.00- 0 0.00- 0 0.00 0.00 -5.70 0.00 -44.34 15212R 1288 BSG 11142014
REASON:BANKRUPTCY DISCHARGE 11/13/14
39
COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 11182014 PAGE: 2
TRANSACTION TOTALS PAGE
TRANSACTIONS FROM 1 THROUGH 1288 IN SY0:TAX .MOD AMOUNTS FROM -999999999.99 THROUGH 999999999.99TRANSACTION TYPES:R
TRANSACTIONS 11062014->11172014 0 PAYMENTS 0 DISC/CORR 1 RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR)PERSON COUNTY TAX OFFICE 0.00 0.00 -38.64 38.64 38.64LATE LISTING 0.00 0.00 0.00 0.00 0.00
DOG 0.00 0.00 0.00 0.00 0.00
--------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -38.64 38.64 38.64STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00DISCOUNT 0.00 0.00 0.00 0.00 0.00
INTEREST 0.00 0.00 -5.70 5.70 5.70
LIEN SALE COST 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -44.34 44.34 44.34
TOTAL TAXES 0.00 0.00 -38.64 38.64 38.64TOTAL LIEN COST 0.00 0.00 0.00 0.00 0.00TOTAL DISCOUNT 0.00 0.00 0.00 0.00 0.00TOTAL INTEREST 0.00 0.00 -5.70 5.70 5.70
TOTAL STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00
=============== =============== =============== =============== =============== GRAND TOTAL 0.00 0.00 -44.34 44.34 44.34
40
NameAddress 2 Address 3Bill # Plate Number Status Transaction #Refund Description Refund ReasonCreate DateTax JurisdictionChange Interest ChangeTotal Change01($14.90) ($0.75) ($15.65)Refund $15.6501($5.30) $0.00 ($5.30)Refund $5.3001($46.96) ($2.70) ($49.66)Refund $49.6601($91.38) $0.00 ($91.38)Refund $91.3801($21.70) $0.00 ($21.70)Refund $21.7001($22.78) $0.00 ($22.78)Refund $22.7801($85.02) $0.00 ($85.02)Refund $85.0201($80.22) $0.00 ($80.22)Refund $80.2201($19.51) $0.00 ($19.51)50($17.56) $0.00 ($17.56)50$0.00 $0.00 $0.00Refund $37.07Vehicle Sold 11/10/2014TaxTaxVehicle Fee0016176080 HD89015 AUTHORIZED 29329854 Refund Generated due to proration on Bill #0016176080-2013-2013-0000-00WILLIAM DAVID MEIER 350 BURLINGTON RD ROXBORO, NC 27573ProrationTHOMAS MARCUS WILLIAMS 1552 ALLENSVILLE RD ROXBORO, NC 27574Proration 0019106299 AFA5101 AUTHORIZED 9855008 Refund Generated due to proration on Bill #0019106299-2013-2013-0000-00Vehicle Sold 11/13/2014TaxNANCY DUNCAN WALL 2713 COURTNEY LN GREENSBORO, NC 27408Proration 0009385372 WRD9576 AUTHORIZED 9954437 Refund Generated due to proration on Bill #0009385372-2014-2014-0000-00Vehicle Sold 11/17/2014TaxTaxJAMES BROWN HOLEMAN,JR PO BOX 1066 ROXBORO, NC 27573Adjustment < $1000022937086 CE74725 AUTHORIZED 9818545 Refund Generated due to adjustment on Bill #0022937086-2014-2014-0000-00Over Assessment11/12/2014TaxVehicle Sold 11/13/2014TaxDANNY CLAYTON 634 SEMORA RD ROXBORO, NC 27573Proration 0022414167 CKH9811 AUTHORIZED 9704426 Refund Generated due to proration on Bill #0022414167-2014-2014-0000-00Vehicle Sold 11/06/20140016182744 VPB7180 AUTHORIZED 9855001 Refund Generated due to proration on Bill #0016182744-2013-2013-0000-00CYNTHIA CLAYTON BLANKS 1525 CAVEL CHUB LAKE RD ROXBORO, NC 27574ProrationTaxCLARENCE HARTRIDGE 1128 BUCK STREET RD ROXBORO, NC 27574Adjustment < $1000019111499 CAZ4265 AUTHORIZED 9854935 Refund Generated due to adjustment on Bill #0019111499-2013-2013-0000-00Mileage 11/13/2014TaxVehicle Sold 11/14/2014TaxBEATRICE TABORN BURTON 95 DIVINE VIEW LN ROXBORO, NC 27573Proration 0019104811 CBK5759 AUTHORIZED 9894444 Refund Generated due to proration on Bill #0019104811-2013-2013-0000-00Vehicle Sold 11/14/20140009720194 BEV8616 AUTHORIZED 9894524 Refund Generated due to proration on Bill #0009720194-2013-2013-0000-00AMY ELIZABETH CABLE 338 MCBROOM DR TIMBERLAKE, NC 27583ProrationNorth Carolina Vehicle Tax SystemNCVTS Pending Refund reportReport Date 11/18/2014 11:48:13 AMAddress 1Refund TypeLevy Type41
42
AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Annual Report from Region K Community Assistance Corporation
and Person County Senior Center Status and Updates
Summary of Information: Home Care and Community Block Grant Service Updates, Progress of
Senior Center Services
Recommended Action: None
Submitted By: Diane Cox, Director of Kerr Tar Council of Governments
and Maynell J. Harper, Interim Director of Person County Senior Center
43
44
45
AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Person County Emergency Management Ordinance
Summary of Information: The governing body of each county is responsible for emergency
management activities within the geographical limits of such county. These activities include
prevention of, preparation for, response to, and recovery from natural or man-made emergencies or
hostile military or paramilitary action and to do the following:
(1) Reduce vulnerability of people and property to damage, injury, and loss of life and property.
(2) Prepare for prompt and efficient rescue, care, and treatment of threatened or affected persons.
(3) Provide for the rapid and orderly rehabilitation of persons and restoration of property.
(4) Provide for cooperation and coordination of activities relating to emergency mitigation, preparedness,
response, and recovery among agencies and officials of this county and with similar agencies and officials
of other local, state and federal governments, and with other private and quasi-official organizations.
The governing body of each county is hereby authorized to establish and maintain an emergency
management agency for the purposes contained in G.S. 166A-19.1. The County Manager shall
appoint a coordinator who will have a direct responsibility for the organization, administration, and
operation of the county program and will be subject to the direction and guidance of such governing
body through the County Manager. In the event that any county fails to establish an emergency
management agency, and the Governor, in the Governor's discretion, determines that a need exists
for such an emergency management agency, then the Governor is hereby empowered to establish an
emergency management agency within that county.
Recommended Action: Adopt ordinance as recommended by staff
Submitted By: Wes Lail, Emergency Services Director
46
Page 1 of 6
Person County Emergency Management Ordinance
The County of Person ordains:
Person County Emergency Management Ordinance
Section 1. Authority and Short Title
This ordinance is adopted pursuant to delegating emergency management responsibilities to
certain county staff in order to perform statutory requirements as prescribed by NCGS 166A-
19.15 and the NCAC in Title 14B and pursuant to the provisions of Chapter 153A Article 6 of
the NC General Statutes and shall be known and referred to as the “Emergency Management
Ordinance for the County of Person.”
Section 2. Intent and Purpose
1. It is the intent and purpose of this ordinance to establish an emergency management agency
that will ensure the efficient utilization of all Person County resources to combat emergencies
resulting from enemy actions or other emergencies as defined herein. The purposes of the
emergency management agency shall be to reduce vulnerability of people and property of Person
County to damage, injury, and loss of life and property; to prepare for prompt and efficient
rescue, care and treatment of threatened or affected persons; to provide for the rapid and orderly
rehabilitation of persons and restoration of property; and to provide for cooperation and
coordination of activities relating to emergency and disaster mitigation, preparedness, response
and recovery among agencies and officials of Person County and with similar agencies and
officials of other counties and municipalities and with other private and quasi-official
organizations.
2. The Person County Office of Emergency Management will be the coordination agency for all
activity in connection with emergency management. It will be the instrument through which the
Person County Board of Commissioners may exercise the authority and discharge the
responsibilities vested in them during emergencies.
3. This ordinance will not abrogate the authority or responsibilities of the Chairman of the
Person County Board of Commissioners or any county department given to them in the county
charter, local ordinances or any applicable law, nor will it adversely affect the work of any
volunteer agency organized for relief in emergencies.
Section 3. Definitions
1. The following definitions shall apply in the interpretation of this Article:
(a) “Emergency Management” shall be defined as those measures taken by the populace
and government of Person County to minimize the adverse effect of any type of
emergency, which include the never-ending preparedness cycle of prevention, mitigation,
warning, movement, shelter, emergency assistance and recovery. Emergency
management shall include the basic government functions of maintaining the public
peace, health and safety during an emergency. This term shall include plans and
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Page 2 of 6
preparations for protection and relief, recovery and rehabilitation from effects of an
attack by the forces of an enemy nation or the agents thereof, or an emergency as defined
herein; it shall not, however, include any activity that is the primary responsibility of the
military forces of the United States.
(b) “Man-made” shall include any man-made situation causing harm to Person County,
its government, or its environs. This can include bombing, conventional, nuclear,
chemical, or biological weapons through terrorism or sabotage. It includes local disasters
from spills, accidental/purposeful chemical releases, explosions, and any local man-made
incident.
(c) “Disaster” includes but is not limited to actual or threatened enemy attack, sabotage,
extraordinary fire, flood, storm, epidemic, accident, chemical spill, air or other discharge
into ground water, or other impending or actual calamity endangering or threatening
health, life, environment, or property of constituted government.
(d) “Emergency Management Forces” shall mean the employees, equipment, and
facilities of all county departments, boards, councils, institutions, and commissions; and
in addition, it shall include all volunteer personnel, equipment, and facilities contributed
by, or obtained from, volunteer persons or agencies.
(e) “Volunteer” shall mean contributing a service, equipment, and facilities to the
Emergency Management Agency without remuneration.
(f) “Emergency Management Volunteer” shall mean any person duly registered,
identified, and appointed by the Coordinator of the Person County Emergency Agency
and assigned to participate in the emergency management activity.
(g) “Coordinator” shall mean the Coordinator of the Person County Emergency Agency,
appointed as prescribed in this ordinance.
(h) “Regulations” shall include plans, programs, and other emergency procedures
deemed essential to emergency management.
(i) “Attack” shall mean direct or indirect assault against Person County, its government,
environs, or of the nation, by the forces of a hostile nation or the agents thereof, including
assault by bombing, conventional or nuclear, chemical or biological warfare, terrorism or
sabotage.
(j) “Emergency” shall be defined as an occurrence or imminent threat of widespread or
severe damage, injury, or loss of life or property resulting from any natural or man-made
accidental, military, paramilitary, weather-related, or riot-related cause. It shall include
but not be limited to actual or threatened enemy attack, sabotage, extraordinary fire,
flood, storm, epidemic, accident, chemical spill or other impending or actual calamity
endangering or threatening to endanger health, life or property of constituted government.
(k) Hazardous materials incident or hazardous materials emergency. – An uncontrolled
release or threatened release of a hazardous substance requiring assistance by any or all
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of the following: Person County Emergency Management Agency, local fire department,
hazardous materials team, law enforcement, spill companies, etc. to contain, control and
clean up the release.
(l) Hazardous materials. – Any material defined as a hazardous substance in 29 Code of
Federal Regulations, 1910.120.
(m) Hazardous materials emergency response team or hazmat team. – An organized
group of persons specially trained and equipped to respond to and control actual or
potential leaks or spills of hazardous materials.
(n) Responsible party. – A person or entity who causes directly or indirectly the release
of a hazardous material creating a hazardous materials incident shall be liable for all
reasonable costs incurred in responding to and mitigating the incident. In the event that
the responsible party cannot be determined or is unable to pay, the owner of or person in
possession of hazardous materials at the time of the incident is liable for the costs.
Section 4. Organization and Appointments
1. The organization shall consist of the following:
(a) An agency of emergency management within the executive department of the Person
County government under the direction of the Person County Board of Commissioners,
through the County Manager. The agency head of the emergency management agency
shall be known as the Coordinator and such assistants and other employees as are deemed
necessary for the proper functioning of the agency will be appointed.
(b) The employees and resources of all Person County departments, boards, institutions,
and councils shall participate in the emergency management activities. Duties assigned
to the county departments shall be the same as or similar to the normal duties of the
departments, where possible.
(c) Volunteer personnel and agencies offering service to and accepted by the county.
2. The Person County Manager shall appoint a Coordinator of the Person County Emergency
Management Agency who shall be a person well versed and trained in planning operations
involving the activities of many different agencies which will operate to protect the public
health, safety and welfare in the event of danger from disasters either man-made or natural
disasters as defined in this ordinance.
3. The coordinator shall designate and appoint assistant coordinators to assume the emergency
duties of the coordinator in the event of his/her absence or inability to act.
Section 5. Day-to-Day Duties and Responsibilities of the Coordinator.
1. The coordinator shall be responsible to the Person County Board of Commissioners in regard
to all phases of emergency management activity. The coordinator shall be responsible for
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planning, coordinating, and operation of the emergency management activities in Person
County. The coordinator shall maintain liaison with the state and federal authorities and the
authorities of nearby political subdivisions so as to ensure the most effective operations of
the emergency management plans. The coordinator’s duties shall include, but are not limited
to the following:
(a) Coordinating the recruitment of volunteer personnel and agencies to augment the
personnel and facilities of Person County for emergency management purposes.
(b) Development and coordination of plans for the immediate use of all facilities,
equipment, manpower, and other resources of the county for the purpose of minimizing
or preventing damage to persons, property, environment, protection, and restoring to
usefulness governmental services and public utilities necessary for the public health,
safety, and welfare.
(c) Negotiating and concluding agreements with owners or persons in control of
buildings or other properties for the use of such buildings or other properties for the
emergency management purposes and designation suitable buildings as public shelters.
(d) Through public informational programs, educating the populace as to actions
necessary and required for the protection of their persons and property in case of
emergency, either impending or present.
(e) Coordinating the activities of all other public and private agencies engaged in any
emergency management activities.
(f) Conducting public practice alerts to ensure the efficient operation of the emergency
management forces and to familiarize residents with emergency management regulations,
procedures and operations.
Section 6. Emergency Management Plans
1. Comprehensive emergency management plans shall be prepared by the coordinator and
adopted and maintained by resolution of the Person County Board of Commissioners. In the
preparation of these plans as it pertains to county organizations, it is intended that the services,
equipment, facilities, and personnel of all existing departments and agencies shall be utilized to
the fullest extent. When approved, it shall be the duty of all departments and agencies to
perform the functions assigned by these plans and to maintain their portions of the plans in a
current state or readiness at all times. These plans shall have the effect of the law whenever a
State of Emergency has been declared.
2. The coordinator shall prescribe in the emergency plans those positions within the emergency
organization (in addition to his/her position) for which lines of succession are necessary. In each
instance, the responsible person will designate and keep on file with the coordinator a current list
of three (3) persons as successors to his/her position. The list will be in order of succession and
will, nearly as possible, designate persons best capable of carrying out all assigned duties and
functions.
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3. Each service chief and department head assigned responsibility in the plans shall be
responsible for carrying out all duties and functions assigned therein. Duties will include the
organization and training of assigned employees and where needed volunteers. Each chief shall
formulate a standing operations procedure to implement the plans for his/her service.
4. Amendments to these plans shall be submitted to the coordinator. If approved, the
coordinator will then submit the amendments to the Person County Board of Commissioners
with his/her recommendation for their approval.
5. When a required competency, skill, or emergency function is not available within the
government, the coordinator is authorized to seek assistance form persons outside of
government. The assignment of duties, when of a supervisory nature shall also include the
granting authority for the persons so assigned to carry out such duties prior to, during, and after
the occurrence of an emergency. Local government on a voluntary basis may accept such
services from persons outside of government. Such citizens shall be enrolled as emergency
management volunteers.
Section 7. Hazardous Materials
1. The intent and purpose of this section is to establish the duties of the emergency management
agency as it relates to hazardous materials emergencies. Such incidents include, but are not
limited to spills, accidents, illegal dumping and other releases or threatened releases of hazardous
materials requiring control. The emergency management agency shall have the authority to
summarily remove, abate, or remedy hazardous material emergencies within the jurisdiction of
the Person County that are, or potentially are, a threat to public safety.
2. In the event Person County forms a Hazardous Materials Team, the coordinator has the
authority to designate another person to coordinate the operations of the team.
3. When responding to a release or threatened release of hazardous materials, the emergency
management agency, along with any agencies it calls in to provide assistance, may enter onto
private or public property or any adjacent or surrounding property where the release or
threatened release occurred.
4. Liability for a hazardous material incident lies with the responsible party who shall be
responsible for all reasonable costs incurred in responding to and mitigating the incident.
Section 8. No Municipal or Private Liability
1. This ordinance is an exercise by Person County as its governmental functions for the
protection of the public peace, health, environment, safety, and neither Person County nor agents
and representatives, if some, or any individual receiver, firm, partnership, corporation,
association, trustee, or any other agents thereof in good faith carrying out, complying with, or
attempting to comply with any order, rule, or regulation promulgated pursuant to the provisions
of this ordinance, shall be liable for any damage sustained to person, property, environment, as a
result of said activity.
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Page 6 of 6
Section 9. Violations.
Pursuant to Article 6 of Chapter 153A of the NC general Statutes it shall be a misdemeanor for
any person to violate any of the provisions of this ordinance or plans issued pursuant to the
authority contained herein, or to willfully obstruct, hinder, or delay any member of the
emergency management organization as herein defined in the enforcement of the provisions of
this ordinance or any plan issued thereunder.
Section 10. Severity.
Should any provision of this ordinance be declared invalid for any reason, such declaration shall
affect the validity of the other provisions or of this ordinance as a whole, it being the legislative
intent that the provisions of this ordinance shall be severe and remain valid notwithstanding such
declaration.
Section 11. Conflicting Ordinances, Orders, Rules, and Regulations Suspended.
At all times when the orders, rules, and regulations made promulgated pursuant to this Ordinance
shall be in effect, they shall supersede all existing ordinances, rules, and regulations insofar as
the latter may be inconsistent therewith and to the extent permitted by applicable law.
Section 12. Effective Date
This Ordinance shall take effect upon final adoption by the Person County Board of
Commissioners.
Adopted, this the ______ day of ________________, 2014.
PERSON COUNTY
BOARD OF COMMISSIONERS
____________________________
Chairman
Attest:
____________________________
Brenda B. Reaves, Clerk to the Person
County Board of County Commissioners
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NC General Statutes - Chapter 153A Article 6 1
Article 6.
Delegation and Exercise of the General Police Power.
§ 153A-121. General ordinance-making power.
(a) A county may by ordinance define, regulate, prohibit, or abate acts, omissions, or
conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity
of the county; and may define and abate nuisances.
(b) This section does not authorize a county to regulate or control vehicular or
pedestrian traffic on a street or highway under the control of the Board of Transportation, nor to
regulate or control any right-of-way or right-of-passage belonging to a public utility, electric or
telephone membership corporation, or public agency of the State. In addition, no county
ordinance may regulate or control a highway right-of-way in a manner inconsistent with State
law or an ordinance of the Board of Transportation.
(c) This section does not impair the authority of local boards of health to adopt rules
and regulations to protect and promote public health. (1963, c. 1060, ss. 1, 1 1/2; 1965, cc. 388,
567, 1083, 1158; 1967, c. 495, s. 2; 1969, c. 36, s. 1; 1971, c. 702, ss. 1-3; 1973, c. 507, s. 5; c.
822, s. 1.)
§ 153A-122. Territorial jurisdiction of county ordinances.
Except as otherwise provided in this Article, the board of commissioners may make any
ordinance adopted pursuant to this Article applicable to any part of the county not within a city.
In addition, the governing board of a city may by resolution permit a county ordinance adopted
pursuant to this Article to be applicable within the city. The city may by resolution withdraw its
permission to such an ordinance. If it does so, the city shall give written notice to the county of
its withdrawal of permission; 30 days after the day the county receives this notice the county
ordinance ceases to be applicable within the city. (1963, c. 1060, ss. 1, 1 1/2; 1965, cc. 388,
567, 1083, 1158; 1967, c. 495, s. 2; 1969, c. 36, s. 1; 1971, c. 702, ss. 1-3; 1973, c. 822, s. 1.)
§ 153A-123. Enforcement of ordinances.
(a) A county may provide for fines and penalties for violation of its ordinances and may
secure injunctions and abatement orders to further insure compliance with its ordinances, as
provided by this section.
(b) Unless the board of commissioners has provided otherwise, violation of a county
ordinance is a misdemeanor or infraction as provided by G.S. 14-4. An ordinance may provide
by express statement that the maximum fine, term of imprisonment, or infraction penalty to be
imposed for a violation is some amount of money or number of days less than the maximum
imposed by G.S. 14-4.
(c) An ordinance may provide that violation subjects the offender to a civil penalty to
be recovered by the county in a civil action in the nature of debt if the offender does not pay the
penalty within a prescribed period of time after he has been cited for violation of the ordinance.
(c1) An ordinance may provide for the recovery of a civil penalty by the county for
violation of the fire prevention code of the State Building Code as authorized under G.S. 143-
139.
(d) An ordinance may provide that it may be enforced by an appropriate equitable
remedy issuing from a court of competent jurisdiction. In such a case, the General Court of
Justice has jurisdiction to issue any order that may be appropriate, and it is not a defense to the
county's application for equitable relief that there is an adequate remedy at law.
(e) An ordinance that makes unlawful a condition existing upon or use made of real
property may provide that it may be enforced by injunction and order of abatement, and the
General Court of Justice has jurisdiction to issue such an order. When a violation of such an
ordinance occurs, the county may apply to the appropriate division of the General Court of
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NC General Statutes - Chapter 153A Article 6 2
Justice for a mandatory or prohibitory injunction and order of abatement commanding the
defendant to correct the unlawful condition upon or cease the unlawful use of the property. The
action shall be governed in all respects by the laws and rules governing civil proceedings,
including the Rules of Civil Procedure in general and Rule 65 in particular.
In addition to an injunction, the court may enter an order of abatement as a part of the
judgment in the cause. An order of abatement may direct that buildings or other structures on
the property be closed, demolished, or removed; that fixtures, furniture, or other movable
property be removed from buildings on the property; that grass and weeds be cut; that
improvements or repairs be made; or that any other action be taken that is necessary to bring
the property into compliance with the ordinance. If the defendant fails or refuses to comply
with an injunction or with an order of abatement within the time allowed by the court, he may
be cited for contempt and the county may execute the order of abatement. If the county
executes the order, it has a lien on the property, in the nature of a mechanic's and materialman's
lien, for the costs of executing the order. The defendant may secure cancellation of an order of
abatement by paying all costs of the proceedings and posting a bond for compliance with the
order. The bond shall be given with sureties approved by the clerk of superior court in an
amount approved by the judge before whom the matter was heard and shall be conditioned on
the defendant's full compliance with the terms of the order of abatement within the time fixed
by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction
issued in conjunction with the order.
(f) Subject to the express terms of the ordinance, a county ordinance may be enforced
by any one or more of the remedies authorized by this section.
(g) A county ordinance may provide, when appropriate, that each day's continuing
violation is a separate and distinct offense.
(h) Notwithstanding any authority under this Article or any local act of the General
Assembly, no ordinance regulating trees may be enforced on land owned or operated by a
public airport authority. (1973, c. 822, s. 1; 1985, c. 764, s. 34; 1985 (Reg. Sess., 1986), c. 852,
s. 17; 1993, c. 329, s. 5; 2013-331, s. 1.)
§ 153A-124. Enumeration not exclusive.
The enumeration in this Article or other portions of this Chapter of specific powers to
define, regulate, prohibit, or abate acts, omissions, or conditions is not exclusive, nor is it a
limit on the general authority to adopt ordinances conferred on counties by G.S. 153A-121.
(1973, c. 822, s. 1.)
§ 153A-125. Regulation of solicitation campaigns, flea markets and itinerant merchants.
A county may by ordinance regulate, restrict, or prohibit the solicitation of contributions
from the public for charitable or eleemosynary purposes, and also the business activities of
itinerant merchants, salesmen, promoters, drummers, peddlers, flea market operators and flea
market vendors and hawkers. These ordinances may include, but are not limited to,
requirements that an application be made and a permit issued, that an investigation be made,
that activities be reasonably limited as to time and place, that proper credentials and proof of
financial stability be submitted, that not more than a stated percentage of contributions to
solicitation campaigns be retained for administrative expenses, and that an adequate bond be
posted to protect the public from fraud. A county may charge a fee for a permit issued pursuant
to such an ordinance. (1967, c. 80, ss. 1-2 1/2; 1973, c. 822, s. 1; 1987, c. 708, s. 7.)
§ 153A-126. Regulation of begging.
A county may by ordinance prohibit or regulate begging or otherwise canvassing the public
for contributions for the private benefit of the solicitor or any other person. (1973, c. 822, s. 1.)
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NC General Statutes - Chapter 153A Article 6 3
§ 153A-127. Abuse of animals.
A county may by ordinance define and prohibit the abuse of animals. (1973, c. 822, s. 1.)
§ 153A-128. Regulation of explosive, corrosive, inflammable, or radioactive substances.
A county may by ordinance regulate, restrict, or prohibit the sale, possession, storage, use
or conveyance of any explosive, corrosive, inflammable, or radioactive substance or of any
weapon or instrumentality of mass death and destruction. (1973, c. 822, s. 1.)
§ 153A-129. Firearms.
A county may by ordinance regulate, restrict, or prohibit the discharge of firearms at any
time or place except when used to take birds or animals pursuant to Chapter 113, Subchapter
IV, when used in defense of person or property, or when used pursuant to lawful directions of
law-enforcement officers. A county may also regulate the display of firearms on the public
roads, sidewalks, alleys, or other public property. This section does not limit a county's
authority to take action under Article 1A of Chapter 166A of the General Statutes. (1973, c.
822, s. 1; 2006-264, s. 16; 2012-12, s. 2(yy).)
§ 153A-130. Pellet guns.
A county may by ordinance regulate, restrict, or prohibit the sale, possession, or use of
pellet guns or any other mechanism or device designed or used to project a missile by
compressed air or mechanical action with less than deadly force. (1973, c. 822, s. 1.)
§ 153A-131. Possession or harboring of dangerous animals.
A county may by ordinance regulate, restrict, or prohibit the possession or harboring of
animals which are dangerous to persons or property. No such ordinance shall have the effect of
permitting any activity or condition with respect to a wild animal which is prohibited or more
severely restricted by regulations of the Wildlife Resources Commission. (1973, c. 822, s. 1;
1977, c. 407, s. 1.)
§ 153A-132. Removal and disposal of abandoned and junked motor vehicles.
(a) Grant of Power. - A county may by ordinance prohibit the abandonment of motor
vehicles on public grounds and private property within the county's ordinance-making
jurisdiction and on county-owned property wherever located. The county may enforce the
ordinance by removing and disposing of abandoned or junked motor vehicles according to the
procedures prescribed in this section.
(b) Definitions. - "Motor vehicle" includes any machine designed or intended to travel
over land or water by self-propulsion or while attached to self-propelled vehicle.
(1) An "abandoned motor vehicle" is one that:
a. Is left on public grounds or county-owned property in violation of a
law or ordinance prohibiting parking; or
b. Is left for longer than 24 hours on property owned or operated by the
county; or
c. Is left for longer than two hours on private property without the
consent of the owner, occupant, or lessee of the property; or
d. Is left for longer than seven days on public grounds.
(2) A "junked motor vehicle" is an abandoned motor vehicle that also:
a. Is partially dismantled or wrecked; or
b. Cannot be self-propelled or moved in the manner in which it
originally was intended to move; or
c. Is more than five years old and appears to be worth less than one
hundred dollars ($100.00); or
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NC General Statutes - Chapter 153A Article 6 4
d. Does not display a current license plate.
(c) Removal of Vehicles. - A county may remove to a storage garage or area an
abandoned or junked motor vehicle found to be in violation of an ordinance adopted pursuant
to this section. A vehicle may not be removed from private property, however, without the
written request of the owner, lessee, or occupant of the premises unless the board of
commissioners or a duly authorized county official or employee has declared the vehicle to be a
health or safety hazard. Appropriate county officers and employees have a right, upon
presentation of proper credentials, to enter on any premises within the county ordinance-
making jurisdiction at any reasonable hour in order to determine if any vehicles are health or
safety hazards. The county may require a person requesting the removal from private property
of an abandoned or junked motor vehicle to indemnify the county against any loss, expense, or
liability incurred because of the vehicle's removal, storage, or sale.
When an abandoned or junked motor vehicle is removed, the county shall give notice to the
owner as required by G.S. 20-219.11(a) and (b).
(d) Hearing Procedure. - Regardless of whether a county does its own removal and
disposal of motor vehicles or contracts with another person to do so, the county shall provide a
hearing procedure for the owner. For purposes of this subsection, the definitions in G.S. 20-
219.9 apply.
(1) If the county operates in such a way that the person who tows the vehicle is
responsible for collecting towing fees, all provisions of Article 7A, Chapter
20, apply.
(2) If the county operates in such a way that it is responsible for collecting
towing fees, it shall:
a. Provide by contract or ordinance for a schedule of reasonable towing
fees,
b. Provide a procedure for a prompt fair hearing to contest the towing,
c. Provide for an appeal to district court from that hearing,
d. Authorize release of the vehicle at any time after towing by the
posting of a bond or paying of the fees due, and
e. Provide a sale procedure similar to that provided in G.S. 44A-4, 44A-
5, and 44A-6, except that no hearing in addition to the probable cause
hearing is required. If no one purchases the vehicle at the sale and if
the value of the vehicle is less than the amount of the lien, the county
may destroy it.
(e) and (f) Repealed by Session Laws 1983, c. 420, s. 10.
(g) No Liability. - No person nor any county may be held to answer in a civil or
criminal action to any owner or other person legally entitled to the possession of an abandoned,
junked, lost, or stolen motor vehicle for disposing of the vehicle as provided in this section.
(h) Exceptions. - This section does not apply to any vehicle in an enclosed building, to
any vehicle on the premises of a business enterprise being operated in a lawful place and
manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an
appropriate storage place or depository maintained in a lawful place and manner by the county.
(1971, c. 489; 1973, c. 822, s. 1; 1975, c. 716, s. 5; 1983, c. 420, ss. 8-10; 1997-456, s. 27.)
§ 153A-132.1. To provide for the removal and disposal of trash, garbage, etc.
The board of county commissioners of any county is hereby authorized to enact ordinances
governing the removal, method or manner of disposal, depositing or dumping of any trash,
debris, garbage, litter, discarded cans or receptacles or any waste matter whatsoever within the
rural areas of the county and outside and beyond the corporate limits of any municipality of
said county. An ordinance adopted pursuant hereto may make it unlawful to place, discard,
dispose, leave or dump any trash, debris, garbage, litter, discarded cans or receptacles or any
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NC General Statutes - Chapter 153A Article 6 5
waste matter whatsoever upon a street or highway located within that county or upon property
owned or operated by the county unless such trash, debris, garbage, litter, discarded cans or
receptacles or any waste matter is placed in a designated location or container for removal by a
specific garbage or trash service collector.
Boards of county commissioners may also provide by ordinance enacted pursuant to this
section, that the placing, discarding, disposing, leaving or dumping of the articles forbidden by
this section shall, for each day or portion thereof the articles or matter are left, constitute a
separate offense, and that a person in violation of the ordinance may be punished by a fine not
exceeding fifty dollars ($50.00) or imprisoned not exceeding 30 days, or both, for each offense.
(1973, c. 952.)
§ 153A-132.2. Regulation, restraint and prohibition of abandonment of junked motor
vehicles.
(a) A county may by ordinance regulate, restrain or prohibit the abandonment of junked
motor vehicles on public grounds and on private property within the county's ordinance-making
jurisdiction upon a finding that such regulation, restraint or prohibition is necessary and
desirable to promote or enhance community, neighborhood or area appearance, and may
enforce any such ordinance by removing and disposing of junked motor vehicles subject to the
ordinance according to the procedures prescribed in this section. The authority granted by this
section shall be supplemental to any other authority conferred upon counties. Nothing in this
section shall be construed to authorize a county to require the removal or disposal of a motor
vehicle kept or stored at a bona fide "automobile graveyard" or "junkyard" as defined in G.S.
136-143.
For purposes of this section, the term "junked motor vehicle" means a vehicle that does not
display a current license plate and that:
(1) Is partially dismantled or wrecked; or
(2) Cannot be self-propelled or moved in the manner in which it originally was
intended to move; or
(3) Is more than five years old and appears to be worth less than one hundred
dollars ($100.00).
(a1) Any junked motor vehicle found to be in violation of an ordinance adopted pursuant to
this section may be removed to a storage garage or area, but no such vehicle shall be removed
from private property without the written request of the owner, lessee, or occupant of the
premises unless the board of commissioners or a duly authorized county official or employee
finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens
imposed on the private property owner. Such finding shall be based on a balancing of the
monetary loss of the apparent owner against the corresponding gain to the public by promoting
or enhancing community, neighborhood or area appearance. The following, among other
relevant factors, may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness, and emotional stability of area
residents.
(a2) The county may require any person requesting the removal of a junked or
abandoned motor vehicle from private property to indemnify the county against any loss,
expense, or liability incurred because of the removal, storage, or sale thereof. When an
abandoned or junked motor vehicle is removed, the county shall give notice to the owner as
required by G.S. 20-219.11(a) and (b).
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NC General Statutes - Chapter 153A Article 6 6
(a3) Hearing Procedure. - Regardless of whether a county does its own removal and
disposal of motor vehicles or contracts with another person to do so, the county shall provide a
prior hearing procedure for the owner. For purposes of this subsection, the definitions in G.S.
20-219.9 apply.
(1) If the county operates in such a way that the person who tows the vehicle is
responsible for collecting towing fees, all provisions of Article 7A, Chapter
20, apply.
(2) If the county operates in such a way that it is responsible for collecting
towing fees, it shall:
a. Provide by contract or ordinance for a schedule of reasonable towing
fees,
b. Provide a procedure for a prompt fair hearing to contest the towing,
c. Provide for an appeal to district court from that hearing,
d. Authorize release of the vehicle at any time after towing by the
posting of a bond or paying of the fees due, and
e. Provide a sale procedure similar to that provided in G.S. 44A-4, 44A-
5, and 44A-6, except that no hearing in addition to the probable cause
hearing is required. If no one purchases the vehicle at the sale and if
the value of the vehicle is less than the amount of the lien, the city
may destroy it.
(a4) Any person who removes a vehicle pursuant to this section shall not be held liable
for damages for the removal of the vehicle to the owner, lienholder or other person legally
entitled to the possession of the vehicle removed; however, any person who intentionally or
negligently damages a vehicle in the removal of such vehicle, or intentionally or negligently
inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
(b) Any ordinance adopted pursuant to this section shall include a prohibition against
removing or disposing of any motor vehicle that is used on a regular basis for business or
personal use. (1983, c. 841, s. 1; 1985, c. 737, s. 1; 1987, c. 42, s. 1, c. 451, s. 1; 1987 (Reg.
Sess., 1988), c. 902, s. 1; 1989, c. 743, s. 1.)
§ 153A-133. Noise regulation.
A county may by ordinance regulate, restrict, or prohibit the production or emission of
noises or amplified speech, music, or other sounds that tend to annoy, disturb, or frighten its
citizens. (1973, c. 822, s. 1.)
§ 153A-134. Regulating and licensing businesses, trades, etc.
(a) A county may by ordinance, subject to the general law of the State, regulate and
license occupations, businesses, trades, professions, and forms of amusement or entertainment
and prohibit those that may be inimical to the public health, welfare, safety, order, or
convenience. In licensing trades, occupations, and professions, the county may, consistent with
the general law of the State, require applicants for licenses to be examined and charge a
reasonable fee therefor. This section does not authorize a county to examine or license a person
holding a license issued by an occupational licensing board of this State as to the profession or
trade that he has been licensed to practice or pursue by the State.
(b) This section does not impair the county's power to levy privilege license taxes on
occupations, businesses, trades, professions, and other activities pursuant to G.S. 153A-152.
(c) Nothing in this section shall authorize a county to regulate and license digital
dispatching services for prearranged transportation services for hire. (1868, c. 20, s. 8; Code, s.
707; Rev., s. 1318; C.S., s. 1297; 1973, c. 822, s. 1; 2013-413, s. 12.1(c).)
§ 153A-135. Regulation of places of amusement.
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NC General Statutes - Chapter 153A Article 6 7
A county may by ordinance regulate places of amusement and entertainment, and may
regulate, restrict, or prohibit the operation of pool and billiard halls, dance halls, carnivals,
circuses, or itinerant shows or exhibitions of any kind. Places of amusement and entertainment
include coffeehouses, cocktail lounges, nightclubs, beer halls, and similar establishments, but
any regulation of such places shall be consistent with any permit or license issued by the North
Carolina Alcoholic Beverage Control Commission. (1963, c. 1060, ss. 1, 1 1/2; 1965, cc. 388,
567, 1083, 1158; 1967, c. 495, s. 2; 1969, c. 36, s. 1; 1971, c. 702, ss. 1-3; 1973, c. 822, s. 1;
1981, c. 412, ss. 4, 5.)
§ 153A-136. Regulation of solid wastes.
(a) A county may by ordinance regulate the storage, collection, transportation, use,
disposal, and other disposition of solid wastes. Such an ordinance may:
(1) Regulate the activities of persons, firms, and corporations, both public and
private.
(2) Require each person wishing to commercially collect or dispose of solid
wastes to secure a license from the county and prohibit any person from
commercially collecting or disposing of solid wastes without a license. A fee
may be charged for a license.
(3) Grant a franchise to one or more persons for the exclusive right to
commercially collect or dispose of solid wastes within all or a defined
portion of the county and prohibit any other person from commercially
collecting or disposing of solid wastes in that area. The board of
commissioners may set the terms of any franchise, except that no franchise
may be granted for a period exceeding 30 years, nor may any franchise by its
terms impair the authority of the board of commissioners to regulate fees as
authorized by this section.
(4) Regulate the fees, if any, that may be charged by licensed or franchised
persons for collecting or disposing of solid wastes.
(5) Require the source separation of materials prior to collection of solid waste
for disposal.
(6) Require participation in a recycling program by requiring separation of
designated materials by the owner or occupant of the property prior to
disposal. An owner of recovered materials as defined by G.S. 130A-
290(a)(24) retains ownership of the recovered materials until the owner
conveys, sells, donates, or otherwise transfers the recovered materials to a
person, firm, company, corporation, or unit of local government. A county
may not require an owner to convey, sell, donate, or otherwise transfer
recovered materials to the county or its designee. If an owner places
recovered materials in receptacles or delivers recovered materials to specific
locations, receptacles, and facilities that are owned or operated by the county
or its designee, then ownership of these materials is transferred to the county
or its designee.
(6a) Regulate the illegal disposal of solid waste, including littering on public and
private property, provide for enforcement by civil penalties as well as other
remedies, and provide that such regulations may be enforced by county
employees specially appointed as environmental enforcement officers.
(7) Include any other proper matter.
(b) Any ordinance adopted pursuant to this section shall be consistent with and
supplementary to any rules adopted by the Commission for Public Health or the Department of
Environment and Natural Resources.
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NC General Statutes - Chapter 153A Article 6 8
(c) The board of commissioners of a county shall consider alternative sites and
socioeconomic and demographic data and shall hold a public hearing prior to selecting or
approving a site for a new sanitary landfill that receives residential solid waste that is located
within one mile of an existing sanitary landfill within the State. The distance between an
existing and a proposed site shall be determined by measurement between the closest points on
the outer boundary of each site. The definitions set out in G.S. 130A-290 apply to this
subsection. As used in this subsection:
(1) "Approving a site" refers to prior approval of a site under G.S. 130A-
294(a)(4).
(2) "Existing sanitary landfill" means a sanitary landfill that is in operation or
that has been in operation within the five-year period immediately prior to
the date on which an application for a permit is submitted.
(3) "New sanitary landfill" means a sanitary landfill that includes areas not
within the legal description of an existing sanitary landfill as set out in the
permit for the existing sanitary landfill.
(4) "Socioeconomic and demographic data" means the most recent
socioeconomic and demographic data compiled by the United States Bureau
of the Census and any additional socioeconomic and demographic data
submitted at the public hearing.
(d) As used in this section, "solid waste" means nonhazardous solid waste, that is, solid
waste as defined in G.S. 130A-290 but not including hazardous waste.
(e) A county that has planning jurisdiction over any portion of the site of a sanitary
landfill may employ a local government landfill liaison. No person who is responsible for any
aspect of the management or operation of the landfill may serve as a local government landfill
liaison. A local government landfill liaison shall have a right to enter public or private lands on
which the landfill facility is located at reasonable times to inspect the landfill operation in order
to:
(1) Ensure that the facility meets all local requirements.
(2) Identify and notify the Department of suspected violations of applicable
federal or State laws, regulations, or rules.
(3) Identify and notify the Department of potentially hazardous conditions at the
facility.
(f) Entry pursuant to subsection (e) of this section shall not constitute a trespass or
taking of property. (1955, c. 1050; 1957, cc. 120, 376; 1961, c. 40; c. 514, s. 1; cc. 711, 803; c.
806, s. 1; 1965, c. 452; 1967, cc. 34, 90; c. 183, s. 1; cc. 304, 339; c. 495, s. 4; 1969, cc. 79,
155, 176; c. 234, s. 1; c. 452; c. 1003, s. 4; 1973, c. 476, s. 128; c. 822, s. 1; 1989 (Reg. Sess.,
1990), c. 1009, s. 1; 1991 (Reg. Sess., 1992), c. 1013, s. 1; 1993, c. 165, s. 1; 1997-443, s.
11A.123; 2001-512, s. 5; 2007-182, s. 2; 2007-550, s. 11(a).)
§ 153A-137: Repealed by Session Laws 2006-151, s. 10, effective January 1, 2007.
§ 153A-138. Registration of mobile homes, house trailers, etc.
A county may by ordinance provide for the annual registration of mobile homes, house
trailers and similar vehicular equipment designed for use as living or business quarters and for
the display of a sticker or other device thereon as evidence of such registration. No fee shall be
charged for such registration. (1975, c. 693.)
§ 153A-139. Regulation of traffic at parking areas and driveways.
The governing body of any county may, by ordinance, regulate the stopping, standing, or
parking of vehicles in specified areas of any parking areas or driveways of a hospital, shopping
center, apartment house, condominium complex, or commercial office complex or any other
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NC General Statutes - Chapter 153A Article 6 9
privately owned public vehicular area, or prohibit such stopping, standing, or parking during
any specified hours, provided the owner or person in general charge of the operation and
control of that area requests in writing that such an ordinance be adopted. The owner of a
vehicle parked in violation of an ordinance adopted pursuant to this subsection shall be deemed
to have appointed any appropriate law-enforcement officer as his agent for the purpose of
arranging for the transportation and safe storage of such vehicle. (1979, c. 745, s. 1.)
§ 153A-140. Abatement of public health nuisances.
A county shall have authority, subject to the provisions of Article 57 of Chapter 106 of the
General Statutes, to remove, abate, or remedy everything that is dangerous or prejudicial to the
public health or safety. Pursuant to this section, a board of commissioners may order the
removal of a swimming pool and its appurtenances upon a finding that the swimming pool or
its appurtenances is dangerous or prejudicial to public health or safety. The expense of the
action shall be paid by the person in default, and, if not paid, shall be a lien upon the land or
premises where the nuisance arose, and shall be collected as unpaid taxes. The authority
granted by this section may only be exercised upon adequate notice, the right to a hearing, and
the right to appeal to the General Court of Justice. Nothing in this section shall be deemed to
restrict or repeal the authority of any municipality to abate or remedy health nuisances pursuant
to G.S. 160A-174, 160A-193, or any other general or local law. This section shall not affect
bona fide farms, but any use of farm property for nonfarm purposes is subject to this section.
(1981 (Reg. Sess., 1982), c. 1314, s. 1; 2002-116, s. 2.)
§ 153A-140.1. Stream-clearing programs.
(a) A county shall have the authority to remove natural and man-made obstructions in
stream channels and in the floodway of streams that may impede the passage of water during
rain events.
(b) The actions of a county to clear obstructions from a stream shall not create or
increase the responsibility of the county for the clearing or maintenance of the stream, or for
flooding of the stream. In addition, actions by a county to clear obstructions from a stream shall
not create in the county any ownership in the stream, obligation to control the stream, or affect
any otherwise existing private property right, responsibility, or entitlement regarding the
stream. These provisions shall not relieve a county for negligence that might be found under
otherwise applicable law.
(c) Nothing in this section shall be construed to affect existing rights of the State to
control or regulate streams or activities within streams. In implementing a stream-clearing
program, the county shall comply with all requirements in State or federal statutes and rules.
(2005-441, s. 1.)
§ 153A-140.2. Annual notice to chronic violators of public nuisance ordinance.
A 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. A chronic violator is 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. (2009-287, s. 2.)
§ 153A-141: Repealed by Session Laws 1995, c. 501. s. 3.
§ 153A-142. Curfews.
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NC General Statutes - Chapter 153A Article 6 10
A county may by an appropriate ordinance impose a curfew on persons of any age less than
18. (1997-189, s. 2.)
§ 153A-143. Regulation of outdoor advertising.
(a) As used in this section, the term "off-premises outdoor advertising" includes off-
premises outdoor advertising visible from the main-traveled way of any road.
(b) A county may require the removal of an off-premises outdoor advertising sign that
is nonconforming under a local ordinance and may regulate the use of off-premises outdoor
advertising within the jurisdiction of the county in accordance with the applicable provisions of
this Chapter.
(c) A county shall give written notice of its intent to require removal of off-premises
outdoor advertising by sending a letter by certified mail to the last known address of the owner
of the outdoor advertising and the owner of the property on which the outdoor advertising is
located.
(d) No county may enact or amend an ordinance of general applicability to require the
removal of any nonconforming, lawfully erected off-premises outdoor advertising sign without
the payment of monetary compensation to the owners of the off-premises outdoor advertising,
except as provided below. The payment of monetary compensation is not required if:
(1) The county and the owner of the nonconforming off-premises outdoor
advertising enter into a relocation agreement pursuant to subsection (g) of
this section.
(2) The county and the owner of the nonconforming off-premises outdoor
advertising enter into an agreement pursuant to subsection (k) of this section.
(3) The off-premises outdoor advertising is determined to be a public nuisance
or detrimental to the health or safety of the populace.
(4) The removal is required for establishing, extending, enlarging, or improving
any of the public enterprises listed in G.S. 153A-274, and the county allows
the off-premises outdoor advertising to be relocated to a comparable
location.
(5) The off-premises outdoor advertising is subject to removal pursuant to
statutes, ordinances or regulations generally applicable to the demolition or
removal of damaged structures.
(e) Monetary compensation is the fair market value of the off-premises outdoor
advertising in place immediately prior to its removal and without consideration of the effect of
the ordinance or any diminution in value caused by the ordinance requiring its removal.
Monetary compensation shall be determined based on:
(1) The factors listed in G.S. 105-317.1(a); and
(2) The listed property tax value of the property and any documents regarding
value submitted to the taxing authority.
(f) If the parties are unable to reach an agreement on monetary compensation to be paid
by the county to the owner of the nonconforming off-premises outdoor advertising sign for its
removal, and the county elects to proceed with the removal, the county may bring an action in
superior court for a determination of the monetary compensation to be paid. In determining
monetary compensation, the court shall consider the factors set forth in subsection (e) of this
section. Upon payment of monetary compensation for the sign, the county shall own the sign.
(g) In lieu of paying monetary compensation, a county may enter into an agreement
with the owner of a nonconforming off-premises outdoor advertising sign to relocate and
reconstruct the sign. The agreement shall include the following:
(1) Provision for relocation of the sign to a site reasonably comparable to or
better than the existing location. In determining whether a location is
comparable or better, the following factors shall be taken into consideration:
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a. The size and format of the sign.
b. The characteristics of the proposed relocation site, including
visibility, traffic count, area demographics, zoning, and any
uncompensated differential in the sign owner's cost to lease the
replacement site.
c. The timing of the relocation.
(2) Provision for payment by the county of the reasonable costs of relocating
and reconstructing the sign including:
a. The actual cost of removing the sign.
b. The actual cost of any necessary repairs to the real property for
damages caused in the removal of the sign.
c. The actual cost of installing the sign at the new location.
d. An amount of money equivalent to the income received from the
lease of the sign for a period of up to 30 days if income is lost during
the relocation of the sign.
(h) For the purposes of relocating and reconstructing a nonconforming off-premises
outdoor advertising sign pursuant to subsection (g) of this section, a county, consistent with the
welfare and safety of the community as a whole, may adopt a resolution or adopt or modify its
ordinances to provide for the issuance of a permit or other approval, including conditions as
appropriate, or to provide for dimensional, spacing, setback, or use variances as it deems
appropriate.
(i) If a county has offered to enter into an agreement to relocate a nonconforming off-
premises outdoor advertising sign pursuant to subsection (g) of this section, and within 120
days after the initial notice by the county the parties have not been able to agree that the site or
sites offered by the county for relocation of the sign are reasonably comparable or better than
the existing site, the parties shall enter into binding arbitration to resolve their disagreements.
Unless a different method of arbitration is agreed upon by the parties, the arbitration shall be
conducted by a panel of three arbitrators. Each party shall select one arbitrator and the two
arbitrators chosen by the parties shall select the third member of the panel. The American
Arbitration Association rules shall apply to the arbitration unless the parties agree otherwise.
(j) If the arbitration results in a determination that the site or sites offered by the county
for relocation of the nonconforming sign are not reasonably comparable to or better than the
existing site, and the county elects to proceed with the removal of the sign, the parties shall
determine the monetary compensation under subsection (e) of this section to be paid to the
owner of the sign. If the parties are unable to reach an agreement regarding monetary
compensation within 30 days of the receipt of the arbitrators' determination, and the county
elects to proceed with the removal of the sign, then the county may bring an action in superior
court for a determination of the monetary compensation to be paid by the county to the owner
for the removal of the sign. In determining monetary compensation, the court shall consider the
factors set forth in subsection (e) of this section. Upon payment of monetary compensation for
the sign, the county shall own the sign.
(k) Notwithstanding the provisions of this section, a county and an off-premises outdoor
advertising sign owner may enter into a voluntary agreement allowing for the removal of the
sign after a set period of time in lieu of monetary compensation. A county may adopt an
ordinance or resolution providing for a relocation, reconstruction, or removal agreement.
(l) A county has up to three years from the effective date of an ordinance enacted under
this section to pay monetary compensation to the owner of the off-premises outdoor advertising
provided the affected property remains in place until the compensation is paid.
(m) This section does not apply to any ordinance in effect on the effective date of this
section. A county may repeal or amend an ordinance in effect on the effective date of this
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section so long as an amendment to the existing ordinance does not reduce the period of
amortization in effect on the effective date of this section.
(n) The provisions of this section shall not be used to interpret, construe, alter, or
otherwise modify the exercise of the power of eminent domain by an entity pursuant to Chapter
40A or Chapter 136 of the General Statutes.
(o) Nothing in this section shall limit a county's authority to use amortization as a
means of phasing out nonconforming uses other than off-premises outdoor advertising. (2004-
152, s. 1.)
§ 153A-144. Limitations on regulating solar collectors.
(a) Except as provided in subsection (c) of this section, no county ordinance shall
prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar
radiation as a substitute for traditional energy for water heating, active space heating and
cooling, passive heating, or generating electricity for a residential property. No person shall be
denied permission by a county to install a solar collector that gathers solar radiation as a
substitute for traditional energy for water heating, active space heating and cooling, passive
heating, or generating electricity for a residential property. As used in this section, the term
"residential property" means property where the predominant use is for residential purposes.
(b) This section does not prohibit an ordinance regulating the location or screening of
solar collectors as described in subsection (a) of this section, provided the ordinance does not
have the effect of preventing the reasonable use of a solar collector for a residential property.
(c) This section does not prohibit an ordinance that would prohibit the location of solar
collectors as described in subsection (a) of this section that are visible by a person on the
ground:
(1) On the facade of a structure that faces areas open to common or public
access;
(2) On a roof surface that slopes downward toward the same areas open to
common or public access that the facade of the structure faces; or
(3) Within the area set off by a line running across the facade of the structure
extending to the property boundaries on either side of the facade, and those
areas of common or public access faced by the structure.
(d) In any civil action arising under this section, the court may award costs and
reasonable attorneys' fees to the prevailing party. (2007-279, s. 2; 2009-553, s. 2.)
§ 153A-145. Limitations on regulating cisterns and rain barrels.
No county ordinance may prohibit or have the effect of prohibiting the installation and
maintenance of cisterns and rain barrel collection systems used to collect water for irrigation
purposes. A county may regulate the installation and maintenance of those cisterns and rain
barrel collection systems for the purpose of protecting the public health and safety and for the
purpose of preventing them from becoming a public nuisance. (2011-394, s. 12(d).)
§ 153A-145.1. Transportation impact mitigation ordinances prohibited.
No county may enact or enforce an ordinance, rule, or regulation that requires an employer
to assume financial, legal, or other responsibility for the mitigation of the impact of his or her
employees' commute or transportation to or from the employer's workplace, which may result
in the employer being subject to a fine, fee, or other monetary, legal, or negative consequences.
(2013-413, s. 10.1(b).)
§ 153A-145.2. Limitations on regulating soft drink sizes.
No county ordinance may prohibit the sale of soft drinks above a particular size. This
section does not prohibit any ordinance regulating the sanitation or other operational aspect of a
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NC General Statutes - Chapter 153A Article 6 13
device for the dispensing of soft drinks. For purposes of this section, "soft drink" shall have the
meaning set forth in G.S. 105-164.3. (2013-309, s. 3.)
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SECTION .0300 - LOCAL EMERGENCY MANAGEMENT
14B NCAC 03 .0301 LOCAL EMERGENCY MANAGEMENT
(a) The governing body of each county is responsible for emergency management within the geographical limits of such
county. All emergency management efforts within the county will be coordinated by the county, including activities of the
municipalities within the county.
(b) All incorporated municipalities are authorized to establish and maintain emergency management agencies subject to
coordination by the county. Joint agencies composed of a county and one or more municipalities within its borders may
be formed.
(c) Each county and incorporated municipality in this State is authorized to make appropriations for the purposes of
emergency management and to fund them by levy of property taxes and by the allocation of other revenues, whose use is
not otherwise restricted by law.
(d) Each county which establishes an emergency management agency pursuant to state standards and which meets
requirements for local plans and programs may be eligible to receive financial assistance. Such financial assistance for
the maintenance and operation of a county emergency management program is contingent on the development and
maintenance of operations plans to deal with both peace-time and war-related emergencies. Procedures and requirements
for this assistance are outlined in the manuals listed in Rule .0201 of this Chapter.
History Note: Authority G.S. 166A-5; 166A-7; 166A-9;
Eff. December 1, 1979;
Amended Eff. July 1, 1983;
Transferred from 14A NCAC 04 .0301 Eff. June 1, 2013.
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G.S. 166A-19.1 Page 1
§ 166A-19.1. Purposes.
The purposes of this Article are to set forth the authority and responsibility of the Governor,
State agencies, and local governments in prevention of, preparation for, response to, and
recovery from natural or man-made emergencies or hostile military or paramilitary action and
to do the following:
(1) Reduce vulnerability of people and property of this State to damage, injury,
and loss of life and property.
(2) Prepare for prompt and efficient rescue, care, and treatment of threatened or
affected persons.
(3) Provide for the rapid and orderly rehabilitation of persons and restoration of
property.
(4) Provide for cooperation and coordination of activities relating to emergency
mitigation, preparedness, response, and recovery among agencies and
officials of this State and with similar agencies and officials of other states,
with local and federal governments, with interstate organizations, and with
other private and quasi-official organizations. (1959, c. 337, s. 1; 1975, c.
734, s. 1; 1977, c. 848, s. 2; 1995, c. 509, s. 121; 2012-12, s. 1(b).)
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North Carolina General Statutes § 166A-19.15 County and municipal emergency management
(a) Governing Body of Counties Responsible for Emergency Management. - The governing body of
each county is responsible for emergency management within the geographical limits of such county. All
emergency management efforts within the county will be coordinated by the county, including activities
of the municipalities within the county.
(b) Counties May Establish and Maintain Emergency Management Agencies. - The governing body of
each county is hereby authorized to establish and maintain an emergency management agency for the
purposes contained in G.S. 166A-19.1. The governing body of each county which establishes an
emergency management agency pursuant to this authorization shall appoint a coordinator who will
have a direct responsibility for the organization, administration, and operation of the county program
and will be subject to the direction and guidance of such governing body. In the event that any county
fails to establish an emergency management agency, and the Governor, in the Governor's discretion,
determines that a need exists for such an emergency management agency, then the Governor is hereby
empowered to establish an emergency management agency within that county.
(c) Municipalities May Establish and Maintain Emergency Management Agencies. - All incorporated
municipalities are authorized to establish and maintain emergency management agencies subject to
coordination by the county.
(d) Joint Agencies Authorized. - Counties and incorporated municipalities are authorized to form joint
emergency management agencies composed of a county and one or more municipalities within the
county's borders, between two or more counties, or between two or more counties and one or more
municipalities within the borders of those counties.
(e) Local Appropriations Authorized. - Each county and incorporated municipality in this State is
authorized to make appropriations for the purposes of this Article and to fund them by levy of property
taxes pursuant to G.S. 153A-149 and G.S. 160A-209 and by the allocation of other revenues, use of
which is not otherwise restricted by law.
(f) Additional Powers. - In carrying out the provisions of this Article each political subdivision is
authorized to do the following:
(1) To appropriate and expend funds, make contracts, obtain and distribute equipment, materials,
and supplies for emergency management purposes and to provide for the health and safety of persons
and property, including emergency assistance, consistent with this Article.
(2) To direct and coordinate the development of emergency management plans and programs in
accordance with the policies and standards set by the Division, consistent with federal and State laws
and regulations.
(3) To assign and make available all available resources for emergency management purposes for
service within or outside of the physical limits of the subdivision.
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(4) To delegate powers in a local state of emergency declared pursuant to G.S. 166A-19.22.
(5) To coordinate the voluntary registration of functionally and medically fragile persons in need of
assistance during an emergency either through a registry established by this subdivision or by the State.
All records, data, information, correspondence, and communications relating to the registration of
persons with special needs or of functionally and medically fragile persons obtained pursuant to this
subdivision are confidential and are not a public record pursuant to G.S. 132-1 or any other applicable
statute, except that this information shall be available to emergency response agencies, as determined
by the local emergency management director. This information shall be used only for the purposes set
forth in this subdivision.
(g) County Eligibility for State and Federal Financial Assistance. - Each county which establishes an
emergency management agency pursuant to State standards and which meets requirements for local
plans and programs may be eligible to receive State and federal financial assistance, including State and
federal funding appropriated for emergency management planning and preparedness, and for the
maintenance and operation of a county emergency management program. Such financial assistance is
subject to an appropriation being made for this purpose. Where the appropriation does not allocate
appropriated funds among counties, the amount allocated to each county shall be determined annually
by the Division. The size of this allocation shall be based in part on the degree to which local plans and
programs meet State standards and requirements promulgated by the Division, including those relating
to professional competencies of local emergency management personnel. However, in making an
allocation determination, the Division shall, where appropriate, take into account the fact that a
particular county may lack sufficient resources to meet the standards and requirements promulgated by
the Division. (1951, c. 1016, s. 6; 1953, c. 1099, s. 4; 1957, c. 950, s. 2; 1959, c. 337, s. 5; 1973, c. 620, s.
9; 1975, c. 734, ss. 12, 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s. 2; 1995, c. 509, ss. 126, 127;
2009-196, s. 2; 2009-225, s. 2; 2012-12, s. 1(b).)
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AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Board of Commissioners 2015 Schedule of Meetings
Summary of Information: North Carolina General Statute 153A-40 requires the Board of
Commissioners to hold a regular meeting at least once a month. Before the Board is a proposed
schedule of 2015 meetings dates.
To accommodate the Local Government Day participation, the March 16, 2015 meeting is scheduled
for the Board’s regular meeting. Person County Schools’ staff has not advised the date of the fall
2015 Local Government Day however staff is anticipating the same schedule as this year.
Note: the Board will hold its regular scheduled meetings in its usual Boardroom, Room 215 in the
County Office Building unless otherwise posted. As recommended on the Schedule of Meetings, to
accommodate attendance, Local Government Day Board meetings will be scheduled to be held in the
County Auditorium as the same is done for the Budget Public Hearing.
There is no conflict with the proposed schedule related to the following conferences:
• NACo Legislative Conference February 20-24 in Washington DC
• NACo Annual Conference July 10-13 in Charlotte, NC
• NCACC Conference August 19-23 in Greenville, NC
Recommended Action: Consider the proposed dates and take action to set the 2015 Schedule
of Meetings so to cause copy of such to be distributed and posted on the bulletin board and county
website.
Submitted By: Brenda B. Reaves, Clerk to the Board
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Person County Board of Commissioners
2015 Schedule of Meetings
To be held in Room 215 at the Person County Office Building unless otherwise noted
January 5, 2015 7:00 p.m.
January 20, 2015 (Annual Board Retreat) 9:00 a.m. Kirby Rebirth
February 2, 2015 7:00 p.m.
February 16, 2015 9:00 a.m.
March 2, 2015 7:00 p.m.
March 16, 2015 (Local Gov’t. Day) 9:00 a.m. Co. Auditorium
April 6, 2015 7:00 p.m.
April 20, 2015 9:00 a.m.
May 4, 2015 7:00 p.m.
May 18, 2015 9:00 a.m.
June 1, 2015 7:00 p.m. Co. Auditorium
June 15, 2015 9:00 a.m.
July 20, 2015 9:00 a.m.
August 3, 2015 7:00 p.m.
August 17, 2015 9:00 a.m.
September 8, 2015 (Tuesday) 7:00 p.m.
September 21, 2015 9:00 a.m.
October 5, 2015 7:00 p.m.
October 19, 2015 9:00 a.m.
November 2, 2015 7:00 p.m.
November 16, 2015 9:00 a.m. Co. Auditorium
December 7, 2015 7:00 p.m.
Proposed for ADOPTION BY THE BOARD OF COMMISSIONERS ON DECEMBER 1, 2014
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AGENDA ABSTRACT
Meeting Date: December 1, 2014
Agenda Title: Adoption of the Fiscal Year 2015-2016 Budget Calendar
Summary of Information: A budget calendar has been developed for the Board’s adoption,
outlining a schedule for the timing of the budget process. A Board Retreat is included in place of
your second January Board Meeting. The dates outlined are subject to change if needed, but this will
facilitate an organized budget process for staff and elected officials.
Recommended Action: Adopt the budget calendar for FY15-16 and provide feedback and changes
to staff as needed.
Submitted By: Heidi York, County Manager
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PERSON COUNTY GOVERNMENT
FISCAL YEAR 2015-2016 BUDGET CALENDAR
Date Task
Monday/January 5, 2015 Distribution of CIP Requests to departments
Wednesday/Jan. 14, 2015 All personnel requests/changes due from departments to HR
Tuesday/January 20, 2015 CIP Requests due
Tuesday/January 20, 2015* Board of County Commissioners annual retreat
Monday/February 9, 2015 Distribution of budget materials for Operating & Capital to departments
Wednesday/Feb 25, 2015 Departmental budget requests for Operating & Capital due, Fee Schedule
requests due
Mon-Fri/March 16-27, 2015 Departmental Budget Reviews with County Manager
Mon/March 30, 2015 Final insurance costs due
Monday/April 6, 2015* FY15-16 Capital Improvement Plan (CIP) presented to Board of Commissioners
at regular BOCC Meeting at 7:00 p.m.
Monday/April 20, 2015* Adoption of FY15-16 Capital Improvement Plan
Monday/ May 18, 2015* County Manager presents Recommended Budget to Board of County
Commissioners
Tues-Fri/May 19-June 5, 2015 Potential BOCC Budget work sessions (specific dates to be scheduled)
Monday/June 1, 2015* Board of Commissioners holds public hearing on Recommended Budget
Monday/June 15, 2015* Adoption of FY15-16 Annual Budget Ordinance
Tuesday/July 1, 2015 FY15-16 Budget available in accounting system
Monday/July 20, 2015 Adopted budget document finalized and available online
* denotes a Board of Commissioners meeting date.
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