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Agenda Packet October 1 2012PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 October 1, 2012 7:00 pm CALL TO ORDER…………………………………………………. Chairman Clayton INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA PUBLIC HEARING: ITEM #1 Schedule of Values ……………………………………………………….. Russell Jones 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. APPROVAL OF MINUTES: ITEM #2 September 17, 2012 1 TAX ADMINISTRATIVE REPORT: ITEM #3 Releases for the month of August, 2012 OLD BUSINESS: ITEM #4 Review of Section 101, Nonconforming Uses and Section 60, General Regulations, Accessory in the Zoning Ordinance …………………………………… Paula Murphy & Barry Walker NEW BUSINESS: ITEM #5 Recycling Ordinance ……………………………………………Commissioner Blalock ITEM #6 Memorandum of Agreement for Orange Person Chatham Mental Health Authority related to the Merger with Piedmont Behavioral Health to cover Excluded Liabilities ……………… Heidi York ITEM #7 Person County Recreation and Senior Center and Critcher-Wilkerson Field Capital Project Ordinance ……...…….. Amy Wehrenberg ITEM #8 Reimbursement Resolution – Financing of Recreation and Senior Center and Critcher-Wilkerson Field ………………...…… Amy Wehrenberg ITEM #9 Budget Amendment ……………………………………………...…. Amy Wehrenberg CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION (if desired by the Board) Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 3 4 September 17, 2012 1 PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 17, 2012 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 Samuel R. Kennington Frances P. Blalock The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, September 17, 2012 at 9:00 a.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Clayton called the meeting to order, led invocation and asked Commissioner Kennington to lead the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock and carried 5-0 to add to the end of the agenda an item for the County Attorney to update the Board on Force Protection as well as to approve the agenda as adjusted. RESOLUTION OF APPRECIATION: It was the consensus of the Board for Chairman Clayton to read and present the following Resolution of Appreciation to Person County retiree, Judith Casseday. County Manager, Heidi York announced Eaton Corporation was chosen as the Employer of the Year by the Arc of NC on behalf of the Person Industries’ (PI) nomination recognizing the community partnership and the many PI workers at Eaton. Eaton will receive their award on September 22, 2012 in Wilmington, NC. 5 September 17, 2012 2 6 September 17, 2012 3 PUBLIC HEARING: REQUEST TO REZONE TAX MAP 102 PARCEL 149 ON PATTERSON DRIVE ADJACENT TO MEADOWBROOK SUBDIVISION AND OPTIMIST PARK FROM RESIDENTIAL TO RURAL CONSERVATION: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to open the duly advertised Public Hearing for a request to rezone Tax Map 102 Parcel 149 on Patterson Drive adjacent to Meadowbrook Subdivision and Optimist Park from Residential to Rural Conservation. Planning Director, Paula Murphy stated the county has received a request to rezone Tax Map 102 Parcel 149 on Patterson Drive between Optimist Park and Meadowbrook Subdivision from Residential to Rural Conservation (RC). If rezoned, all land uses permitted in the RC District will be allowed. The general intent of the RC District is to provide for only limited land use controls in areas with limited nonagricultural development. Ms. Murphy noted the proposed rezoning request is for a 16.93 acre parcel. Ms. Murphy highlighted the location of the parcel discussed on a larger map in the Board room. Ms. Murphy further noted access to the site is on Patterson Drive and there are no one hundred year flood areas on the property. It is located within the Flat River Balance of Watershed WSIII which allows 1 dwelling unit per .5 acre or 24% built upon with a maximum of 70%. The property is also governed by the Falls Lake Stormwater Rules. Stormwater controls are required for any disturbance over one half acre for single family residential and 12,000 square feet for commercial, industrial, or multi-family. Ms. Murphy stated City water and sewer are available to the site. The surrounding areas are residential in nature, other than, Optimist Park with the City limits being to the East on Patterson Drive. Ms. Murphy noted typical uses permitted by right in the RC District are as follows: ABC store, retail sales, banks, bowling alley, carwash, convenience store, dry cleaners, single family dwelling, multi-family dwellings, fire station/law enforcement center, funeral home, golf course, nursery (plants), professional office, construction trades, etc. Ms. Murphy noted there are many other uses allowed with a Special Use Permit such as auto repair, electrical generating facility, Industrial operations, Mobile Home Park, private recreation for profit, asphalt production, planned building group, etc. The uses allowed with a Conditional Use Permit are private or public school (elementary, secondary, or higher level), flammable storage or coal by product storage. If the property were to remain residential, the following uses would be permitted by right: single family dwelling, Class “A” and Class “B” manufactured homes, modular homes, family care homes, nursery operations, horse stables, etc. The Residential district allows other uses by either a special use permit or a conditional use permit. Some uses allowed with a special use permit are multiple family dwellings, Mobile Home Park, non- hazardous solid waste disposal, planned building group, quarry operations, private recreation for profit, airport operations and transmitting towers. Uses allowed with a conditional use permit are ambulance or rescue service, antique shops, bed and breakfast, 7 September 17, 2012 4 camping area, commercial cemetery, church, medical and dental clinics, club or lodges, convenience store, day care center, two family dwelling, garage apartments, funeral home, golf course, hospital, library, professional office, rest home and schools. Ms. Murphy stated the Person County Land Use Plan’s “Future Land Use Map” shows this area as Suburban Residential. It is defined as residential land uses including subdivisions and manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Section 160-5(B) of the Zoning Ordinance states: The Planning Board shall provide a written recommendation to the Board of County Commissioners that addresses that the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of County Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of County Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and why such action is reasonable and in the public interest. The Land Use Plan has Goals and Objectives for future land development within the County. The following items are listed within this section: 1.0 Promote an orderly and efficient land use development pattern, which allows for a variety of land uses while being sensitive to environmental concerns. 2.1 Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses. 2.1.5 Identify non-residential development – office, commercial and industrial – locations based on access and proximity to US 501, railroad corridors, and other major transportation infrastructure. 2.2 Encourage well-planned commercial establishments to provide necessary goods and services to area employers and residents. 2.2.1 Encourage development of small service-oriented commercial activities only at existing intersections or median crossovers on US 501 and other major thoroughfares. Ms. Murphy stated the properties immediately adjacent are all zoned Residential noting there is some B-1 (Highway Commercial) zoned property at the intersection of Patterson and Hurdle Mills and RC zoned property on Bessie Daniels Road. 8 September 17, 2012 5 Ms. Murphy told the Board an article on Spot Zoning from the Institute of Government, and a map showing the property in question and surrounding properties was included in the Board packet noting there are four factors in determining a reasonable basis for spot zoning. They are as follows: 1. Size of tract. The general rule is the smaller the tract, the more likely the rezoning will be held invalid. 2. Compatibility with Plan. Need to see if the rezoning fits into a larger context involving rational planning for the community. 3. Benefits and Detriments. Who benefits and who is harmed from the rezoning. Need to look at the property owner and the neighbors. 4. Relationship of Uses. Need to look at the relationship between the proposed uses and the current uses of adjacent properties. Ms. Murphy stated the Planning Board held a Public Hearing on August 30, 2012 and voted 4 to 0 to recommend approval of the rezoning request and that it was in keeping with the land use plan. Commissioner Kennington asked Ms. Murphy if there were any objections during the Planning Board meeting. Ms. Murphy stated the Planning Board did not receive any objections and that many neighbors spoke directly with the developer. Ms. Murphy stated the proposed use would be a veterinary office. There were no individuals appearing before the Board to speak in favor or in opposition to the request to rezone Tax Map 102 Parcel 149 on Patterson Drive adjacent to Meadowbrook Subdivision and Optimist Park from Residential to Rural Conservation. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to close the Public Hearing for a request to rezone Tax Map 102 Parcel 149 on Patterson Drive adjacent to Meadowbrook Subdivision and Optimist Park from Residential to Rural Conservation. CONSIDERATION TO GRANT OR DENY REQUEST TO REZONE TAX MAP 102 PARCEL 149 ON PATTERSON DRIVE ADJACENT TO MEADOWBROOK SUBDIVISION AND OPTIMIST PARK FROM RESIDENTIAL TO RURAL CONSERVATION: A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve the request to rezone Tax Map 102 Parcel 149 on Patterson Drive from Residential to Rural Conservation noting it was in keeping with the land use plan. 9 September 17, 2012 6 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Patrick Riley of 256 Hicks Yarboro Road, Roxboro addressed the Board on two issues: 1) regarding his tax cases, under, GS 105-345(c), requested a motion for the Property Tax Commission (PTC) to re-hear the tax cases for 2010 and 2011 based on the exceptions to the final judgment noting if the PTC will not re-hear the cases, then it may go before the NC Court of Appeals, further noting a re-hearing before the PTC will have a minimal costs for Person County and for him which is his preference as a tax payer and landowner, and 2) related to the unfair burden placed on farmers with the Falls Lake Ordinance “each parcel of land in Person County will be listed separately and charged for each parcel”, and requested that farms listed as separate parcels with adjoining parcels of land be treated as a single parcel so that farmers and other applicable land owners can be treated fairly. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemount thanked Chairman Clayton and Commissioners Blalock, Kennington and Jeffers for recent appointment of the Economic Development Committee as well as County Manager, Heidi York in the naming of a new Director and her hard work. Ms. Blalock stated recent criticism in the press for the Commissioners and the County Manager is unwarranted and unprecedented. Ms. Blalock advocated for economic relief through recycling by earning $115 per ton of recycled waste which increases jobs and hires the handicapped compared to landfill waste earning $2 per ton without added jobs. Ms. Blalock suggested added recycling revenue could increase teacher supplements or build the new senior citizen center which, in her opinion, was not needed. Mr. Leigh Woodall of 200 Reade Drive, Roxboro stated the Board of Commissioners destroyed the integrity and rapport developed over decades with the firing of the Economic Development Board on August 20, 2012 with a 4-1 vote. Mr. Woodall noted many citizens enjoy employment opportunities made possible by efforts of former economic development boards. Mr. Woodall voiced strong suspicions that the Boards’ actions on August 20 violated the state open meetings law inferring that the County Attorney could easily point the Board to remedy its transgressions. Mr. Woodall continued to explain that a Superior Court Judge, upon finding that a violation of the law has occurred could declare the action taken by the public body to be null and void. Mr. Woodall suggested the Board objectively re-examine the August 20 decision and voluntarily agree to reverse said action. Mr. Woodall stated the Board has brought disgrace and dishonor to Person County and requested the Board to correct its wrong before being challenged in a court of law. 10 September 17, 2012 7 Mr. Kenny Rickman of 3936 Allensville Road, Roxboro made comments related to the recent Board action involving the economic development board process, offering a public apology to Chairman Clayton for a previous discussion as well as noted his confidence in the County Attorney as a competent attorney, one who would not advise the Board in a way to that would end up in court. Mr. Rickman told the group that he had not always agreed with the actions of the Board of Commissioners, however, he does not think their actions are malicious with intent to hurt the county or its citizens. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the minutes of August 20, 2012. TAX ADMINISTRATIVE REPORT: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to approve the Tax Administrative Report noting the Releases for the month of July, 2012. OLD BUSINESS: FOLLOW-UP PRESENTATION OF THE PERSON COUNTY RECREATION AND SENIOR CENTER PROJECT FEASIBILITY STUDY: County Manager, Heidi York stated at the Board’s August 6th meeting, a draft Feasibility Study was presented and feedback was provided by the Board to include an itemized list of add-ons and the cost for each. Additional citizen input and feedback were solicited and received since the August presentation with the follow-up presentation to include changes based on that input. Ms. York noted she and staff have analyzed the operating costs to present to the Board. Mr. Michael Hining of MHA Works presented the Board with the changes to the proposed Recreation and Senior Center using the existing facilities at Huck Sanbury plus new construction based on input received from the Board and the community. The follow-up changes included enclosing the walking track, the addition of a gym, one racquetball court, a splash pool, as well as shifting the dining hall space and squaring off the building for additional square footage for dedicated senior space to increase activity rooms. Recreation, Arts & Parks Director, John Hill confirmed public feedback has guided the process. Mr. Hining directed the Board’s attention to page 21 of the presentation for the project budget for the base project as well as the add-on potential components. 11 September 17, 2012 8 12 September 17, 2012 9 Assistant County Manager, Sybil Tate spoke to the group related to estimated revenues and expenditures noting the majority of the revenues are due to membership fees with other revenues from rentals, open swim and a variety of classes. Mr. Hill stated through research of similar facilities as well as actual participation in current recreation program provided a conservative projection of 200 memberships. Ms. Tate stated the extra liability insurance per year will cost $2,400 based on the value of the building and pool. Ms. York illustrated the existing Huck Sansbury revenues/expenditures with the new proposed base project revenues/expenditures as follows: Existing Huck Sanbury New Base Project Combined $134,421 revenues $107,305 revenues $241,736 revenues $233,280 expenditures $278,481 expenditures $511,751 expenditures -$ 98,849 net -$171,176 net -$270,025 net Vice Chairman Puryear stated his reservations for the proposed project to compete with local business owners. Mr. Hill stated the new facility will not offer the exact same sports, fitness club weight lifting or modified strength training but more recreational family use noting he did not feel it will be a direct competition. Mr. Hill told the group that he will be applying for NC Parks and Recreation Trust Fund (PARTF) grant. Mr. Hill noted the PARTF grant, if awarded, would be $500,000 with an equal county match and eligibility for two grant awards (one award per year). Ms. York added that in addition to any grants, other funding options include general obligation bonds or a private bank financing. Commissioner Blalock advocated recycling to make additional revenues to be used to offset expenses for the recreation/senior center and/or for the schools. Commissioner Blalock noted $115 is received per ton of recycling compared to $2 per ton at the landfill and illustrated the potential in revenue if half of Person County’s waste is recycled. Commissioner Blalock noted her support of a proposed recycling ordinance that she will present to the Board later in the meeting. Vice Chairman Puryear pointed out $250,000 is paid from the general fund for the Person County Recycling Center (MRF). Commissioner Kennington asked about any possible partnership with Person Memorial Hospital related to the pool(s). Mr. Hill stated the architect has potential partners in the plan. Ms. York added she will have follow-up conversations with the hospital noting there has already been interest as well as a possible grant opportunity to off-set construction costs. Commissioner Jeffers stated grants are not feasible until the design process has been completed. The design fees are included in the Project Budget worksheet in the packet noting the design fees are at approximately 8.5% of the total project amount. 13 September 17, 2012 10 Commissioner Blalock asked the Board to consider some of the add-ons at a possible satellite location, i.e. old Helena site. Ms. York stated the next step for the Board is to define the scope of the project, issue a competitive RFP and have official drawings produced. Commissioner Jeffers stated support for the base project as outlined with add-on of the splash/therapy pool and the enclosed walking track as Phase I. Commissioner Jeffers suggested the remaining add-on items: Critcher-Wilkerson site, skate park, racquetball court and additional gym to be considered at a later date in a phasing process. Commissioner Jeffers noted his full support to the project, reiterating the project as a top priority of the Person Future’s Strategic Plan and Roundtable Group, further noting the increasing aging population. Commissioner Jeffers told the group the project is economic development and enhances quality of life for citizens. Mr. Hining stated the Board would have two options: 1) design all items up front and phase it as the county sees fit, or 2) plan for addition later and only design upfront the base project/Phase I items. Commissioner Kennington stated support to bid all the phases upfront, especially the Crither-Wilkerson site and additional gym. Due to the current field at the Sansbury site would be slightly smaller in size in the base project design (a non-regulation size field), Commissioner Kennington advocated for the Critcher-Wilkerson site to be included. Commissioner Blalock stated her vote would be in opposition until the Board of Commissioners considers a Recycling Ordinance so that gained revenues could help fund the project. Commissioner Blalock noted support of such a facility but concerned over the financing with the 10% unemployment rate and urged the Board to consider a lot of things in the planning process. Commissioner Kennington noted his support of the effort of recycling with the hope of generating additional revenues to offset costs for such projects but the motion will carry the project to the next step with the option to continue to move forward to stop the process. Vice Chairman Puryear stated his opposition to the project due to the double digit unemployment rate and he did not see the benefit for an opportunity for jobs and improvement of the local economy. Chairman Clayton stated his support to moving forward to the next in the process. 14 September 17, 2012 11 A motion was made by Commissioner Jeffers, seconded by Commissioner Kennington, and carried 3-2 to direct staff to move ahead to the design stage and to define the scope of the base project (Phase I) as New Construction at the Huck Sansbury site, 21,000 Sq. Ft. @ $125/SF, Renovate Existing Annex Building, 10,400 Sq. Ft. @ $50/SF, Air Condition Existing Gymnasium, 10,000 Sq. Ft. @ $5/SF, Site Work and Amenities, Splash/Therapy Pool New Construction 3,400 Sq. Ft. and new construction of an enclosed Track, as well as to include for future phasing, the Critcher-Wilkerson site and the additional gym. Vice Chairman Puryear and Commissioner Blalock cast the dissenting votes. NEW BUSINESS: FEASIBILITY STUDY FOR A POTENTIAL JOINT PERSON-DURHAM MULTI-JURISDICTIONAL BUSINESS PARK: County Manager, Heidi York introduced Ms. Crystal Morphis of Sanford Holshouser, to present to the Board the results of a feasibility study for a joint multi- jurisdictional business park with Durham County focusing on the southern end of Person County and the northern end of Durham County. Ms. York stated Ms. Morphis presented the same results to the Durham County Board of Commissioners recently. Ms. Morphis stated their work over the last several months investigated a future economic development opportunity which would be a joint effort between Person and Durham counties noting the feasibility study looked to: · Evaluate existing business/industrial parks in Durham and Person Counties; · Review land use plans for a development area for a Person-Durham multi- jurisdictional park; · Evaluate infrastructure (water, sewer, electric, transportation, natural gas, and telecommunications) capacity to serve a park development; and · Review the current target sectors of Person and Durham Counties, Research Triangle Region, and adjoining counties close to the sites reviewed to determine which targets would most likely find the multi-jurisdictional park attractive Ms. Morphis shared the following presentation with the group: 15 September 17, 2012 12 16 September 17, 2012 13 17 September 17, 2012 14 18 September 17, 2012 15 19 September 17, 2012 16 20 September 17, 2012 17 21 September 17, 2012 18 22 September 17, 2012 19 Ms. Morphis stated the report was shared with the Durham County Commissioners on September 5, 2012. Ms. Morphis noted the Durham Board wanted to know how this proposed park may be different from other parks developed in Durham County to complement other development as well as the acreage for the site. Ms. Morphis further noted the Durham Board authorized their Manager to proceed with the next phase of site identification. The site assessment study is estimated to cost $30,000 which would be a 50/50 split between both counties. Commissioner Blalock asked about consideration for a third entity, i.e. Orange County to be involved with such multi-jurisdictional park. Ms. Morphis gave the Board examples of multi-jurisdictional parks and their success noting it is a viable option to have multiple entities work jointly however challenging. Ms. Morphis stated the key element in successfully developing an economic business park is keeping the focus on job creation. Ms. York recommended that the Board authorize the Manager to move forward and begin to identify possible sites for a joint Person-Durham business park noting Durham County suggested holding a joint meeting following the site assessment study to further evaluation of the specific site with the pros and cons of such site. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to authorize the County Manager to move forward with the site assessment study for the multi-jurisdictional park with Durham County. VOICE INTEROPERABILITY PLAN FOR EMERGENCY RESPONDERS (VIPER) LEASE AGREEMENT: County Manager, Heidi York requested the Board to review the Ground Lease Agreement, a Sublease Agreement and a Memorandum of Lease allowing the State of NC to construct a 280’ self-supported communications tower on property owned by Person County Government located on Critcher Wilkerson Road. Ms. York highlighted the following terms included in the lease agreements: · 25-year initial term lease (for $1.00) (September 1, 2012-August 31, 2037) with a 30-day right to terminate clause · Automatic 25-year renewal of initial term lease (unless the State of North Carolina elects not to renew and provides a 60-day written notice) · Ground lease agreement allows for 0.05 acres or approximately 2,262 sq. ft. of space to be utilized at the Critcher Wilkerson location to be used for a communications tower, equipment building, concrete generator pad, and secured fencing (for the primary purposes of providing VIPER communications capability) · Per the agreement, the State requires a proposed 12’ gravel drive for access and utility easement 23 September 17, 2012 20 · The State will self-insure and maintain its tower, equipment, utility charges, repair of damages (except those caused by negligent or wrongful acts or omissions of Person County Government or its contractors and agents) and any other related communications equipment and property of the State · Person County has the opportunity to have their equipment co-located on the tower Emergency Services Director, Wes Lail stated the communications tower would provide application for all Person County emergency services agencies to operate on a state-maintained 800 MHz radio system. Currently, these emergency response agencies have very limited capability with operating in this system—a system that is being utilized by neighboring counties and by state agencies such as NC Highway Patrol, NC Division of Emergency Management, etc. Ms. York told the Board the current tower located on Hill Street is taller than the one proposed by the State and Person County has no current plans to remove county- owned equipment from that tower. Commissioner Kennington asked Mr. Hill, Director of Arts, Parks & Recreation if the tower would have any negative impact on any future use of that property. Mr. Hill stated he did not foresee any negative impact. Ms. York requested the Board to authorize the County Manager to execute the agreements as presented. A motion was made by Commissioner Blalock, seconded by Vice Chairman Puryear, and carried 5-0 to authorize the County Manager to execute the Ground Lease Agreement, a Sublease Agreement and a Memorandum of Lease as presented. PERSON COUNTY NON-SMOKING ORDINANCE: Health Director, Janet Clayton told the Board that on February 27, 2012, the Person County Board of Health recommended the prohibition of tobacco products on all County grounds. On March 7, 2012, the Person County Recreation Advisory Board voted in support of the prohibition of smoking on County grounds. Ms. Clayton stated a work group was formed consisting of Ron Aycock, County Attorney, John Hill, Director of Arts, Parks & Recreation, Angie Warren, Director of Human Resources and herself. On behalf of the work group, Ms. Clayton presented the Board with a proposed non- smoking ordinance and requested the Board to consider beginning the process to the adoption of the proposed non-smoking ordinance including scheduling a public hearing for citizen input. Ms. Clayton outlined the exceptions listed in the proposed non-smoking ordinance: 24 September 17, 2012 21 (c) Exceptions. This ordinance does not restrict or prohibit smoking in the following places: (a) The County Court House and the Grounds around it (b) Recreation Camp Sites (c) Bushy Fork Grange Building (d) Piedmont Community College buildings and grounds (e) County parking lots Ms. Clayton confirmed there is a prohibition of smoking inside the County Court House as well as inside the Grange Building and those two should not be listed as an exception and the proposed ordinance would need to be corrected. Ms. Clayton noted the penalty for violation is by a fine of not more than $50. There is no consequence for conviction or any assessed court costs. Commissioner Jeffers inquired about designating smoking areas at ball fields pointing out patrons pay $1 for admission to the game and would be asked to exit the game to smoke in the parking lot. It was the consensus of the group that smoking should not be allowed in the dug-out or bleacher/spectator areas. Mr. Hill added the parking lots were chosen as the exception and the most relevant to the location of all the facilities. Mr. Hill further added that enforcement would be carried out through staff on-site and/or through law enforcement. It was the consensus of the Board for staff to revise the proposed non-smoking ordinance to determine and define locations of designated smoking areas in a site by site analysis. RESOLUTION APPROVING AN INSTALLMENT FINANCING CONTRACT AND OTHER DOCUMENTS AND PROVIDING FOR CERTAIN MATTERS IN CONNECTION WITH THE FINANCING OF A PORTION OF THE COSTS OF VARIOUS CAPITAL IMPROVEMENTS: Finance Director, Amy Wehrenberg requested Board consideration to approved a Resolution approving an Installment Financing Contract and other documents and providing for certain matters in connection with the financing of a portion of the costs of various capital improvements. Ms. Wehrenberg stated the Resolution set forth sections as follows: Preamble: The final approval of documents associated with the plan to finance the Project using Qualified School Construction Bonds (QSCBs) and with the conveyance of Southern Middle School to the County as collateral. 25 September 17, 2012 22 1. States that the County and Board of Education have agreed to finance a portion of the cost for this Project for which each has found it necessary and desirable to provide improved educational facilities for the citizens of Person County. 2. To finance a portion of the cost to re-roof Southern Middle School and a portion of Person High School for $3,132,537.50 as a taxable direct payment under the restrictions of the QSCBs. 3. Sets forth the requirement that the Board of Commissioners approve and receive copies of the installment financing contract and associated documents related to this financing to be finalized. 4. Lists the financing documents that were included in the Board packets for review, including (a) the Installment Financing Contract between the County and BB&T, the lending institution, that sets up the arrangement for the advancement of funds to the County to be repaid in installments until the debt is paid; (b) the Deed of Trust which allows for the ownership of Southern Middle School as security for the County's obligation to repay the Loan Amount; (c) an Administrative Agreement between the County and the Board of Education which authorizes the conveyance of Southern Middle School and the improvements described; and (d) the Lease between the County and Board of Education to lease Southern Middle School to the Schools and the improvements for the duration of the loan as part of the plan to finance the costs. 5. That the Board finds and determines that it is in the best interest of the County to enter into these financing agreements in order to proceed with the financing of the cost of the Project. 6. Designates and authorizes certain County officials to represent the County in the execution and delivery of final financing documents to the appropriate parties with any changes that are deemed necessary and appropriate, and that the final Installment Payment take place no later than December 31, 2027 and does not exceed $3,132,537.50. 7. The resolution is effective upon its passage by the Board. Vice Chairman Puryear requested the Board to recuse him from the vote due to fact the lending institution is his employer. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock and carried 5-0 to allow Commissioner Kyle W. Puryear to recuse himself from the vote. A motion was made by Commissioner Blalock, seconded by Commissioner Kennington, and carried 4-0 to adopt a Resolution approving an Installment Financing Contract and other documents and providing for certain matters in connection with the financing of a portion of the costs of various capital improvements as presented. 26 September 17, 2012 23 27 September 17, 2012 24 28 September 17, 2012 25 29 September 17, 2012 26 30 September 17, 2012 27 31 September 17, 2012 28 32 September 17, 2012 29 PERSON COUNTY RE-ROOFING PROJECTS FOR SCHOOL BUILDINGS CAPITAL PROJECT ORDINANCE: Finance Director, Amy Wehrenberg presented the Board with a Capital Project Ordinance for the re-roofing projects at Southern Middle School and Person High School. Ms. Wehrenberg stated the approval of the Capital Project Ordinance allows for the creation of this Project on the County's books and includes final estimated revenues and expenditures after construction and engineering bids have been received and awarded. The projected total for this Project is estimated to be $3,208,092, most of which is sourced from debt proceeds in the amount of $3,132,538. The remaining revenues of $75,554 are included as a transfer from the County's CIP Fund to help support the projected expenditures for any contractual amendments and overages that may occur. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to approve the Capital Project Ordinance for the re-roofing projects at Southern Middle School and Person High School. 33 September 17, 2012 30 34 September 17, 2012 31 It was the consensus of the Board to have a brief break. Chairman Clayton announced a brief recess at 11:22 am. The Board reconvened the meeting at 11:29 am. ACCEPT SCHEDULE OF VALUES AND SET PUBLIC HEARING: Tax Administrator, Russell Jones stated the 2013 revaluation is on schedule and approximately 90% complete. Mr. Jones stated the Tax Office has been working on the revaluation for the last couple of years and have reviewed most of the 26,000 parcels. Mr. Jones noted several changes to the schedules, such as updated depreciation tables, land schedules, SFD grades, code changes, etc., has been made as well as the Present Use-Value schedules have been changed to coincide with the recommendations from the NC Dept. of Revenue. Mr. Jones asked the Board to keep in mind the schedule of values will have to hold through 2017 noting the goal of Ad Valorem Property taxation is to remain as close to market as possible. As a part of the Revaluation process, Mr. Jones stated the Schedule of Values must be presented to the Board, a Public Hearing scheduled, and the Schedule of Values approved. Mr. Jones told the group a copy of the Schedule of Values is available in the Assessor’s office for public review, an electronic copy was included with the Board’s agenda packets, and a copy has been posted on the county website. Mr. Jones requested the Board to schedule a public hearing for October 1, 2012 at 7:00 pm as well as set October 15, 2012 as a date that the schedules will be considered for approval noting this schedule will allow the Tax Administrator the time necessary to meet the advertising guidelines as required by General Statutes as well as a 30-day period of time to appeal at the state level. Mr. Jones stated notices of value, in the form of a letter with an appeal form attached, will be mailed to all property owners around January 1, 2013. Mr. Jones stated the results of the revaluation for the total value of the county show an insignificant change. Commissioner Kennington suggested the Tax Administrator to explain revenue neutral to the new Board in a revaluation year. County Manager, Heidi York stated the upcoming Community Conversations meeting would be a good time to discuss that topic. Commissioner Kennington complimented Person County’s ability to maintain the same tax rate for seven years and provide services with limited growth during the economy. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to accept the Schedule of Values being available as well as schedule a public hearing for October 1, 2012 at 7:00 pm and place on the October 15, 2012 Board agenda the Schedule of Values for consideration for approval. 35 September 17, 2012 32 PROCLAMATION –CARES ENOUGH TO WEAR PINK DAYS: A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to adopt the Proclamation “Cares Enough to Wear Pink Days” as read by Chairman Clayton. 36 September 17, 2012 33 RESOLUTION – CRAVEN COUNTY 300TH ANNIVERSARY: A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to adopt a Resolution recognizing Craven County’s 300th Anniversary as read by Chairman Clayton. Commissioner Kennington requested the County Manager to mail a copy of the adopted Resolution to each Craven County Commissioner and the original to the Craven County Manager. 37 September 17, 2012 34 BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Commissioner Jeffers, and a second by Vice Chairman Puryear and majority vote (5-0), the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 17th day of September 2012, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 134,916 Public Safety 49,030 Transportation 21,840 Economic Development 2,503 Environmental Protection 314 Human Services 13,468 Culture & Recreation 3,735 Contingency (229,718) Transfer to Other Funds 5,277 Person Industries & MRF Fund Person Industries 4,334 PI MRF 943 Airport Capital Construction Project Fund (1,219,642) REVENUES General Fund Other Revenues 1,365 Person Industries & MRF Fund Transfer from Other Funds 5,277 Airport Capital Construction Project Fund Intergovernmental Funds (1,097,679) Investment Income (121,963) 38 September 17, 2012 35 Explanation: Appropriating the transactions needed to transfer the cost associated with the property and liability insurance from the Contingency Insurance line (-$229,718) along with the interfund transfers to various departments in the General Fund ($229,718) and transfers to Person Industries Fund (5,277); donations received in the Library Fund for program supplies ($1,365); and the closeout of four Airport projects including the Approach Lighting, 2007 & 2008 Vision, and Runway Approach Survey projects in the Airport Capital Construction Fund (-$1,219,642). FORCE PROTECTION UPDATE: County Attorney, Ron Aycock stated in August, 2007, the Board of Commissioners agreed to an appropriation of $1.1 million as incentive to Force Protection to locate in Person County noting that incentive agreement had requirements of Force Protection to provide a capital investment of $30 million, 150 employees within 24 months and 270 employees within 48 months. Mr. Aycock noted the agreement also included a provision, often called a claw-back provision, which is required by the law that if Force Protection does not meet the required goals, then some or all of the incentive funds must be returned. Mr. Aycock stated in 2007 continuing to the present the primary economic development vehicle is the Person County Business Industrial Council (PCBIC) where in fact the $1.1 million appropriation was made to PCBIC. PCBIC, a non-profit was the primary contractor with Force Protection. The Board of Commissioners Chair signed the incentive agreement acknowledging the appropriation of $1.1 million incentive as well as the authority of PCBIC to enter into the incentive agreement. Mr. Aycock stated Force Protection never reached the goals in the contract and was ultimately sold to General Dynamics. General Dynamics seceded to the obligations of Force Protection and once a settlement was negotiated to return a portion of the incentive, it was with General Dynamics. Mr. Aycock stated the law requires for the Board of Commissioners to disclose the final results of the negotiated settlement as a satisfaction of the requirement. The settlement is for a total of $650,000.00 with $598,051.34 as the portion of the settlement allocated to the incentive return. In addition, $51,948.66 will be paid to Person County in property taxes. The calculated investment realized in Person County was approximately $15 million and about 30 employees. Mr. Aycock reported to the group that a settlement has been reached with the settlement agreement signed, legally binding General Dynamics to pay the amounts indicated. The checks, as of September 14, 2012, had not been received and were expected in the mail any day. 39 September 17, 2012 36 Commissioner Kennington confirmed with Mr. Aycock that the difference between the $1.1 million incentive and the $650,000.00 claw-back is that Force Protection did meet some of the stipulations with the $15 million investment (less equipment) remaining in Person County, reporting errors and ineligible expenses incurred. The group discussed consideration of requesting PCBIC to return the incentive pay-back to the county fund to possibly be used for future economic development. Chairman Clayton stated he would relay the Board’s comments to the next Economic Development Commission (EDC)/PCBIC meeting scheduled for September 20, 2012 at 8:00 am. Chairman Clayton stated the Board changed the structure of the EDC to have more oversight and to hold monthly meetings. CHAIRMAN’S REPORT: Chairman Clayton recognized Patrice Roesler, Deputy Director of the NC Association of County Commissioners and Jason King, Associate Director of Education with the NC Association of County Commissioners both present in the audience. MANAGER’S REPORT: County Manager, Heidi York introduced Stuart Gilbert, Economic Development Director who has been employed for one week. Ms. York stated the EDC meeting is scheduled for September 20, 2012 at 8:00 am in the Register of Deeds/Tax Administration conference room noting the EDC group meets the third Thursday of each month. Ms. York asked the Board for any legislative goals for submission noting one had been received from the Superintendent requesting local control for the school calendar for consideration. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington thanked the following for sponsorsing and/or participating in organizing the First Annual Person County Farm Tour held on September 14-15, 2012: Person County Museum and its Director, Derek Day, Dr. Claudia Berryhill, Camp Chemical, Carolina Farm Credit, Farm Bureau of Person County, Oakley Machine Shop, Olive Hill Welding & Fabrication, Pepsi Cola Bottling Company, Quality Equipment, Roxboro TDA, Southern States, Summit Consulting, TG Brooks Co., and Tractor Supply 40 September 17, 2012 37 Commissioner Kennington acknowledged the farms that were on the tour: Abanitu Organics, Bernard Obie and wife Allied Organic Farm, Tom & Linda Savage Blue Bird Meadowns, Alice & Stewart White Carver Brothers Turf, Bobby & Ricky Carver Bio Plots, HR Carver Carver Farm Nursery, Ronnie, Susan & Jason Carver Clover Field Farms, Linda & Alan Justice Cross Creek Dairy, Mickey & Patsy Clayton Flat River Nursery & Farm, Charles & Joan Holeman JB Herb & Plant Farm, John Wrenn & Burton Edwards New Oaks Farm, Reggie Oakley Person County Farmer’s Market Person County Museum Rogers Cattle Company, Johnny & Sharon Rogers Rock of Ages Winery, Kim & Kevin Moore Sunset Ridge Buffalo Farm, Jack & Sandy Pleasants The Hills of Berry Hot Times Firewood, Cal & Joe Berryhill Commissioner Kennington noted the Museum has acquired additional property from Ruffin Woody for the home on the corner of Main and Morehead Streets due to a donation in the amount of $225,000 from a former resident of Person County. Commissioner Blalock passed out to the Board a letter explaining the math to investigate all areas of revenue the county can generate along with a proposed Recycling Ordinance. Commissioner Blalock requested the Recycling Ordinance to be placed on the Board’s October meeting agenda. Commissioner Jeffers announced that Person County 4-H will have a booth at the NC State Fair with the theme “With a Rich Past and a Brighter Future” highlighting Person County and its solar park. Commissioner Jeffers also announced that a Healthy Living for a Lifetime will offer free health screenings through partnership with NC Farm Bureau on October 10, 2012, from 10:00 am – 6:00 pm, in the parking lot of the Farmer’s Market. Vice Chairman Puryear had no report. 41 September 17, 2012 38 CLOSED SESSION: A motion was made by Commissioner Kennington, seconded by Commissioner Blalock, and carried 5-0 to enter Closed Session at 12:16 pm to consult with the attorney per General Statute 143-318.11(a)(2) with the County Manager, Clerk to the Board, Assistant County Manager, Tax Administrator and the Economic Development Director permitted to attend. Vice Chairman Puryear asked why the Closed Session was not added to the agenda. County Attorney, Ron Aycock stated during the brief recess Commissioner Kennington discussed with him the possibility of a lawsuit against the county that was suggested during informal comments. Chairman Clayton called the Closed Session to order at 12:19 pm following a 3- minute break. A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock, and carried 5-0 to return to open session at 12:31 pm. ADJOURNMENT: A motion was made by Commissioner Jeffers, seconded by Commissioner Kennington, and carried 5-0 to adjourn the meeting at 12:31 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman (Draft Board minutes are subject to the Board approval). 42 AGENDA ABSTRACT Meeting Date: October 1, 2012 Agenda Title: Releases for August 2012 Summary of Information: Attached please find the tax releases for August 2012 Recommended Action: Motion to accept report. Submitted By: Russell Jones, Tax Administrator 43 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 08312012 PAGE: 1 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 5817 3012012 GARNER ALFRED ESTATE HOUSE & LOT 5817 301 10800 -91.40 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -91.40 6191R 1340 CW 07312012 -80.17-50 0.00 0.00 -80.17__________ -171.57 REASON:CREATED LH F/SW REC 27527 F12 37959 3012012 CLAYTON JANIE & STONE KENNY SW/ON DOYLE CATES 37959 301 25532 -209.14 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -209.14 6192R 1341 CW 07312012 REASON:MVD SW/ & OFBS TO REC 19210/DELETE LH F12 52948 3012012 HAEFELE SANDRA S 2 & 62/100 AC & DW 52948 301 24876 -6.51 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -6.51 6193R 1343 CW 07312012 REASON:CORRECT BATHS F2012 27673 3022012 HOWERTON KEITH A 1&96/100 ACRES/DW&L 27673 302 24680 -6.51 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -6.51 6194R 1344 CW 07312012 REASON:CORRECT BATHS F2012 35173 3012012 CLAYTON STEVEN DOYLE SW/ON DOYLE CATES 35173 301 23149 -102.43 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -102.43 6195R 1345 CW 07312012 REASON:MVD SW TO REC 19209 DELTETE LH F12 226 2012012 PEREZ RICARDO PER/SW/LT31/1269 N MAIN 226 201 34326 -70.77 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -70.77 6196R 1347 CW 07312012 -62.07-50 0.00 0.00 -62.07__________ -132.84 REASON:VEHICLES WERE TAGGED FOR 2012 RELEASED THE VALUE OF 10110 60794 3012012 BLACKARD BRENDA DEF/T1&86/100AC/TR D/SWR 60794 301 18419 -87.42 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -87.42 6197R 1348 CW 07312012 REASON:CORRECT FOR 12 28974 1022002 KING LINDA MICHELLE 626 4S 28974 102 42078 -60.30 0.00- 0 0.00- 0 0.00 0.00 -53.99 0.00 -114.29 6200R 1349 BSG 07312012 -64.00-50 0.00 -57.31 -121.31__________ -235.60 REASON:BANKRUPTCY DISCHARGE 7/31/12 4316430572012 PALMER ROBERT CHRISTOPHER PICKUP DAKOTA CLUB 4X4TK 431643057 70006 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 14912R 1359 MP 08022012 -25.78-50 0.00 0.00 -25.78__________ -25.78 REASON:NOT CITY 57631 1012012 SERVICE RALEIGH, LLC BUSINESS PERSONAL 57631 101 41626 -2.38 0.00- 0 0.00- 0 0.00 -0.24 0.00 0.00 -2.62 6198R 1362 RH 08022012 -2.09-50 -0.21 0.00 -2.30__________ -4.92 REASON:DUPLICATE BILL SEE REC 41825 COMPANY CHANGED NAME 2894033312012 WILKERSON RAINEY LOUIS 30 FT CT 289403331 65780 -32.08 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -32.08 14913R 1364 CW 08032012 REASON:SOLD VEH TURNED IN TAG 30809 1112011 MCBROOM JUSTIN DAVID PICKUP 4WD X CAB 1/2 TTK 30809 111 56998 -82.02 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -82.02 14914R 1365 CW 08032012 REASON:SOLD VEH TURNED IN TAG 27441 1112011 AUTRY ANTONIO SEBRING 4S 27441 111 54512 -47.88 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -47.88 14915R 1366 MP 08062012 REASON:TAG TURNED IN VEHICLE SOLD 2346622362012 BULLA JEFFERSON DAVIS II TAHOE 4DR 4X4 MP 234662236 69185 -25.83 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -25.83 14916R 1367 MP 08062012 REASON:TAG TURNED IN VEHICLE SOLD 22546 2012012 DUNN BARRY PER/SW/LT18/210 WOODY ST 22546 201 34089 -18.68 0.00- 0 0.00- 0 0.00 -1.87 0.00 0.00 -20.55 6199R 1368 CW 08062012 -16.39-50 -1.64 0.00 -18.03__________ -38.58 REASON:DOES NOT OWN SW BELONGS TO KRISTY MCGHEE REC NBR 60245 60794 3012012 BLACKARD BRENDA DEF/T1&86/100AC/TR D/SWR 60794 301 18419 -91.54 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -91.54 6201R 1372 CW 08072012 REASON:REMOVED SW CORRECTION F12 44 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 08312012 PAGE: 2 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 2970626252012 ABDELRAHMAN AHMED MOHAMED H2 HUMMER MP 297062625 65074 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 14917R 1374 MP 08082012 -119.35-50 0.00 0.00 -119.35__________ -119.35 REASON:DOES NOT RESIDE IN CITY 1307 BURLINGTON RD 442554662012 CHAMBERS RONALD CLAY 2012 LONE TL TL 44255466 67915 -91.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -91.00 14918R 1376 MP 08082012 REASON:INCORRECT VALUE 44697 1112011 HUNT FRANCES ION 2 4S 44697 111 59882 -36.82 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -36.82 14919R 1393 MP 08092012 -32.30-50 0.00 0.00 -32.30__________ -69.12 REASON:TAG TURNED IN VEHICLE SOLD 6006248862012 TRUELOVE MARY GRIFFIN 2010 HAWK TL TL 600624886 75885 -7.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -7.00 14920R 1394 MP 08092012 REASON:RELEASE TO ORANGE COUNTY PER WRITTEN REQUEST 58429 1012012 WASTE INDUSTRIES LLC BUSINESS PERSONAL 58429 101 41695 -6.64 0.00- 0 0.00- 0 0.00 -0.67 0.00 0.00 -7.31 6203R 1395 RH 08092012 -5.83-50 -0.58 0.00 -6.41__________ -13.72 REASON:ALL ASSETS DISPOSED TAX YEAR 2012 51071 1112011 WILKERSON LAUREN NICHOLE GALANT ES 4S 51071 111 54130 -14.05 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -14.05 14921R 1415 MP 08102012 -12.32-50 0.00 0.00 -12.32__________ -26.37 REASON:TEMP TAG GAINED 4 MONTHS 2618026802012 ARTHUR JOHN MICHAEL ENVOY 4X4 4DR MP 261802680 65129 -51.16 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -51.16 14922R 1423 CW 08102012 REASON:SOLD VEH TURNED IN TAG 1930227702012 GILBERT DANNIE 2002 REDN MC MC 193022770 73769 -33.90 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -33.90 14923R 1431 CW 08132012 REASON:SOLD VEH TURNED IN TAG 5719636272012 BRYSON ROBERT LLOYD IMPALA LS 4S 571963627 66076 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 14923R 1432 RH 08132012 -112.60-50 0.00 -5.63 -118.23__________ -118.23 REASON:NOT IN CITY LIMITS 3719438232012 MALDONADO LOUANNE BARNETT C230K CP 371943823 74822 -19.49 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -19.49 14924R 1433 CW 08132012 REASON:MILEAGE ADJUSTMENT OF 39 68 PERCENT 2337914092012 TEAGUE KENNETH EZRA PICKUP K10 4WD 1/2 TONTK 233791409 72408 -10.64 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -10.64 14925R 1434 RH 08142012 REASON:TURN IN TAG SOLD VEH NO BILL HAD TAG LESS 30 DAYS 337933372012 LONG TOMMY LEE JR 2003 TENN TL TL 33793337 74336 -49.35 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -49.35 14926R 1438 RH 08142012 REASON:BOAT TRAILER 18 FT LONG ADJ VALUE 1864440592012 TATUM RANDY YANCEY 2003 COCA TL TL 226004059 66508 -16.53 0.00- 0 0.00- 0 0.00 0.00 -0.83 0.00 -17.36 14927R 1439 CW 08142012 REASON:SOLD TRAILER AND TURNED IN TAG 9223 3022012 MOORE R ELVIN 64 ACRES 9223 302 4645 -509.78 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -509.78 6204R 1442 CW 08152012 REASON:REVAL ERROR CORRECTION FOR 2012 5303536712012 NEWTON AMBER PENICK RAV4 4X4 5D LTD V6 MP 530353671 70620 -16.86 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -16.86 14928R 1443 CW 08152012 REASON:MILEAGE ADJUSTMENT 14 38 PERCENT 15976 1112011 BARBAR ANGELA OAKLEY TIBURON CP 15976 111 53969 -20.91 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -20.91 14929R 1444 RH 08152012 REASON:TAG TURN IN VEH TOTAL LOSS 1139631942012 TITUS CLEO FOX IMPALA 4S 113963194 74193 -26.77 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -26.77 14930R 1445 CW 08152012 -23.48-50 0.00 0.00 -23.48__________ -50.2545 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 08312012 PAGE: 3 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 58970 2012012 CHEATHAM ROBERT BURTON PERSONAL/BOAT 58970 201 37055 -32.76 0.00- 0 0.00- 0 0.00 -3.28 0.00 0.00 -36.04 6205R 1446 CW 08162012 REASON:CORRECTED VALUE DUE TO LENGTH OF BOAT 1324622702012 TALBERT BUILDING SUPPLY, INC CH&CAB 3/4 TON TK 132462270 73269 -15.75 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -15.75 14931R 1447 RH 08162012 -13.81-50 0.00 0.00 -13.81__________ -29.56 REASON:TURN IN TAG TRADE IN VEH 3033847292012 ALCARAZ MARIA VAN WINDSTAR WAGON SE VN 303384729 75728 -17.03 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -17.03 14932R 1449 CW 08172012 -14.94-50 0.00 0.00 -14.94__________ -31.97 REASON:SOLD VEH TURNED IN TAG 2045024772012 CLAYTON CHRISTOPHER BLAKE P UP C1500 X CAB 1/2 TTK 204502477 69426 -23.37 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -23.37 14933R 1450 CW 08172012 REASON:MILEAGE ADJ 58 77 700326062012 WALLACE RONNIE DEAN COUGAR 2S 70032606 73605 -14.17 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -14.17 14934R 1452 MP 08202012 REASON:TAG TURNED IN VEHICLE SOLD 700340892012 WALLACE RONNIE DEAN MALIBU LT 4S 70034089 75088 -91.45 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -91.45 14935R 1453 MP 08202012 REASON:TAG TURNED IN VEHICLE TOTAL LOSS 27860 1112011 MILLER CYNTHIA WESTMORELAND SABLE GS 4S 27860 111 58165 -2.32 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -2.32 14936R 1454 MP 08202012 -2.04-50 0.00 0.00 -2.04__________ -4.36 REASON:TAG TURNED IN VEHICLE SOLD 645648672012 COLE JAMES BAXTER III YARIS LIFTBACK 2S 64564867 75866 -65.33 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -65.33 14937R 1455 MP 08202012 REASON:TAG TURNED IN VEHICLE TOTAL LOSS 1907340672012 CAREY DONALD RAY FIVE 4S 190734067 71016 -54.83 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -54.83 14938R 1456 MP 08202012 REASON:TAG TURNED IN REGISTERED IN SC 18255 2012012 RICKMOND JAMES WOODY JR PERS/BOAT 45706 201 37311 -17.85 0.00- 0 0.00- 0 0.00 -1.79 0.00 0.00 -19.64 6206R 1457 CW 08202012 REASON:BOAT WAS LISTED TWICE RELEASED VALUE OF 2550 2251721472012 KAMEL ASHRAF ADEL AZTEK 4X4 MP 225172147 64596 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 14939R 1458 MP 08202012 -56.05-50 0.00 0.00 -56.05__________ -56.05 REASON:NOT CITY 2341040482012 CAROLINA POWER & LIGHT CO EXPLORER XLT 4X2 4D MP 234104048 66497 -130.34 0.00- 0 0.00- 0 0.00 0.00 -6.52 0.00 -136.86 14940R 1459 MP 08202012 -124.33-50 0.00 -6.21 -130.54__________ -267.40 REASON:STATE APPRAISED 6120528392012 CHAMPEAU MATTHEW JOSEPH 3 0CL PREM CP 612052839 73838 -22.68 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -22.68 14941R 1460 MP 08202012 REASON:TAG TURNED IN VEHICLE TOTAL LOSS 372230022012 WARD LISA JEANINE CIVIC HYBRID 4S 37223002 74001 -21.22 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -21.22 14942R 1461 MP 08202012 REASON:MILEAGE ADJUSTMENT OF 40 38 PERCENT 6122133602012 HART ROBERT TRACKER ZR2 SPORT 4X4 MP 612213360 74359 -25.76 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -25.76 14943R 1465 MP 08212012 REASON:RELEASE TO ORANGE COUNTY 6129451122012 PERRIGO DEAN GORDON CARAVAN GRAND SXT/ANNVVN 612945112 76111 -75.39 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -75.39 14944R 1466 MP 08212012 REASON:RELEASE TO ORANGE COUNTY 5711027202012 KIBBEY DOUGLAS EDWARD PICKUP B2500 TK 571102720 73719 -10.81 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -10.81 14945R 1467 MP 08212012 REASON:TAG TURNED IN VEHICLE SODL 46 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 08312012 PAGE: 4 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 28361 1112011 OAKLEY CHARLIE MORRIS JR PICKUP X CAB 4WD 1/2 TTK 28361 111 59771 -90.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -90.00 14946R 1470 MP 08212012 REASON:TAG TURNED IN VEHICLE SOLD 47081 1112011 BOLTON TIMOTHY MACK JR 330I 4S 47081 111 57524 -30.67 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -30.67 14947R 1479 MP 08222012 REASON:TAG TURNED IN VEHICLE TRADED 3238319592012 KIMREY CHARLES DANA CHEROKEE GRAND LARED 4MP 323831959 72958 -2.88 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -2.88 14948R 1480 MP 08222012 REASON:MILEAGE ADJ OF 17 23 PERCENT 1068838162012 MORROW PHILLIP CRAIG F 150 STYLESIDE CREW XTK 106883816 70765 -115.08 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -115.08 14949R 1481 MP 08232012 REASON:TAG TURNED IN VEHICLE SOLD 1068822422012 MORROW PHILLIP CRAIG CORVETTE CP 106882242 69191 -52.92 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -52.92 14950R 1482 MP 08232012 REASON:TAG TURNED IN VEHICLE SOLD 61017 1012012 DALTON BRUCE A PERS/AIRPLANE 61017 101 37383 -441.00 0.00- 0 0.00- 0 0.00 -44.10 0.00 0.00 -485.10 6207R 1483 RH 08242012 REASON:DUPL BILL SEE REC 34170 UNDER OCCU HEALTH INC 42804 1012012 OCCU HEALTH INC BUS PERS/AIRPLANE 42804 101 34170 0.00 0.00- 0 0.00- 0 0.00 -44.10 0.00 0.00 -44.10 6208R 1484 RH 08242012 REASON:RELEASE LATE LISTING BILLED IN ERROR 35283 3012012 MCKISSON KIMBERLY 81/100 ACRE & HOUSE 35283 301 4590 -61.46 0.00- 0 0.00- 0 0.00 -6.14 0.00 0.00 -67.60 6209R 1485 RH 08272012 REASON:CORRECTION OF BOAT VALUE 5926635682012 TULLO STEPHANIE ANNE CIVIC SI CP 592663568 74567 -47.18 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -47.18 14951R 1486 MP 08272012 -41.38-50 0.00 0.00 -41.38__________ -88.56 REASON:MILEAGE ADJ OF 56 12 PERCENT 2186115362012 CAMPBELL WENDELL KEITH PICKUP TK 218611536 63985 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 14952R 1487 CW 08272012 -13.50-50 0.00 0.00 -13.50__________ -13.50 REASON:DOES NOT LIVE IN CITY 1992811542012 PORTER LARRY BERNARD 45 FT CT 199281154 68103 -15.33 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -15.33 14953R 1488 CW 08272012 REASON:CHANGED CAMPER INTO A TRAILER 14FT 60787 2012012 SMITH SCOTTY LEE PERS/VEH 60787 201 37352 -14.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -14.00 6210R 1490 CW 08282012 -12.28-50 0.00 0.00 -12.28__________ -26.28 REASON:VEH HAS BEEN IN WILSON NC SINCE 2011 5343 3032012 PULLIAM RALPH T & BARBARA ANNE HILLCREST/VL 5343 303 4135 -175.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -175.00 6211R 1522 RH 08292012 REASON:ADD SENIOR EXMP FOR 2012 2483 1092012 WRENN FARMS & LANDSCAPING BUSINESS PERSONAL 2483 109 39675 -378.49 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -378.49 6212R 1525 RH 08302012 REASON:DUP BILL ON SOME EQUIPMENT 1670944692012 MONTAGUE GEORGE THOMAS PICKUP K10 4WD 1/2 TONTK 167094469 71418 -30.94 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -30.94 14954R 1526 MP 08302012 REASON:INCORRECT VALUE 5913343602012 LONG JOSEPH MATTHEW CLAYTON PICKUP 4WD 1/2 TON TK 591334360 71309 -47.79 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -47.79 14955R 1527 MP 08312012 REASON:TAG TURNED IN VEHICLE SOLD 9441 1012012 GEORGIA PACIFIC WOOD PROD LLC INDUSTRY SITE/BUS PERS 9441 101 15413 -630.43 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -630.43 6213R 1528 RH 08312012 -552.98-50 0.00 0.00 -552.98__________ -1183.41 REASON:PER RUSSELL RELEASE MARKET ADJ 47 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 08312012 PAGE: 5 ACCOUNT # COLREC COUNTY-TAX DISTRICT DISTRICT DOG PENALTY INT/DISC LIEN-COST TOTAL NUMBER TRNREC CLRK DATE DISTRICT-" 2672446882012 MWP CONTRACTORS LLC CIVIC EX CP 267244688 75687 -33.88 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -33.88 14956R 1529 MP 08312012 -39.72-50 0.00 0.00 -39.72__________ -73.60 REASON:TAG TURNED IN VEHICLE SOLD HAD TAG LESS THAN ONE MONTH 61611742012 BETTERTON PRISCILLA OAKLEY VAN G20 3/4 TON VN 6161174 68123 -5.04 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -5.04 14957R 1530 MP 08312012 -14.42-50 0.00 0.00 -14.42__________ -19.46 REASON:NOT CITY 61611742012 BETTERTON PRISCILLA OAKLEY VAN G20 3/4 TON VN 6161174 68123 5.04 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 5.04 14957R 1531 MP 08312012 14.42-50 0.00 0.00 14.42__________ 19.46 61611742012 BETTERTON PRISCILLA OAKLEY VAN G20 3/4 TON VN 6161174 68123 0.00 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 0.00 14957R 1532 MP 08312012 -14.42-50 0.00 0.00 -14.42__________ -14.42 REASON:NOT CITY 3551936892012 ROWLAND DOUGLAS MARION JR PICKUP F250 4X4 CREW TK 355193689 66138 -111.37 0.00- 0 0.00- 0 0.00 0.00 -5.57 0.00 -116.94 14958R 1533 MP 08312012 REASON:RELEASE TO DURHAM 3551940392012 ROWLAND LARA TRAVIS 2007 TENE TL TL 355194039 75038 -9.04 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -9.04 14959R 1534 MP 08312012 REASON:RELEASE TO DURHAM 3551943832012 ROWLAND DOUGLAS MARION JR 35 FT CT 355194383 75382 -85.68 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -85.68 14960R 1535 MP 08312012 REASON:RELEASE TO DURHAM 2335023762012 SCOGGINS PATRICIA FISHER RAV4 4X2 4D MP 233502376 73375 -8.54 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -8.54 14961R 1538 MP 08312012 REASON:ONE TIME ADJUSTMENT FOR CONDITION 5914645452012 MINGUS GEORGE EUGENE EXPLORER EDDIE B 4X4 MP 591464545 71494 -15.14 0.00- 0 0.00- 0 0.00 0.00 0.00 0.00 -15.14 14962R 1539 MP 08312012 REASON:MILEAGE ADJ OF 13 13 PERCENT 48 COSSYS PERSON COUNTY TAX OFFICE COLLECTION SCROLL-12:LEVY ADJUSTMENTS ALL TAX YEARS 08312012 PAGE: 6 TRANSACTION TOTALS PAGE TRANSACTIONS FROM 1340 THROUGH 1539 IN SY0:TAX .MOD AMOUNTS FROM -999999999.99 THROUGH 999999999.99TRANSACTION TYPES:R TRANSACTIONS 0000-099->99992027 0 PAYMENTS 0 DISC/CORR 76 RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR)PERSON COUNTY TAX OFFICE 0.00 0.00 -4863.67 4863.67 4863.67LATE LISTING 0.00 0.00 -102.19 102.19 102.19DOG 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -4965.86 4965.86 4965.86STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -66.91 66.91 66.91LIEN SALE COST 0.00 0.00 0.00 0.00 0.00 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -5032.77 5032.77 5032.77 DISTRICT PAYMENTS DISC/CORR RELEASES TOTAL CREDIT NET CREDIT (PAYMENT+RELEASE) (TOTAL-DISC/CORR) 50 CITY OF ROXBORO 0.00 0.00 -1441.83 1441.83 1441.83LATE LISTING 0.00 0.00 -2.43 2.43 2.43 --------------- --------------- --------------- --------------- --------------- SUB-TOTAL 0.00 0.00 -1444.26 1444.26 1444.26DISCOUNT 0.00 0.00 0.00 0.00 0.00INTEREST 0.00 0.00 -69.15 69.15 69.15 --------------- --------------- --------------- --------------- --------------- TOTAL 0.00 0.00 -1513.41 1513.41 1513.41 TOTAL TAXES 0.00 0.00 -6410.12 6410.12 6410.12TOTAL 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 -136.06 136.06 136.06TOTAL STATE 3PCT INTEREST 0.00 0.00 0.00 0.00 0.00 =============== =============== =============== =============== =============== GRAND TOTAL 0.00 0.00 -6546.18 6546.18 6546.18 49 50 51 52 53 54 55 AGENDA ABSTRACT Meeting Date: October 1, 2012 Agenda Title: Person County Recycling Ordinance Summary of Information: Commissioner Blalock asked staff to prepare a recycling ordinance for Person County. The ordinance requires residential and non-residential recycling in Person County. Under this ordinance, new developments (multi-family buildings, commercial, etc) would be required to show proof of a recycling hauling contract before receiving a Certificate of Occupancy. The ordinance also allows for enforcement, though no staff has been dedicated to enforce the ordinance. Recommended Action: Direct staff whether or not to continue revising the recycling ordinance. Submitted By: Commissioner Blalock 56 Page 1 of 5 PERSON COUNTY ORDINANCE REGULATING RECYCLABLE MATERIALS AND LICENSING THE COLLECTION OF REGULATED RECYCLABLE MATERIAL WHEREAS, the state of North Carolina has established goals for recycling in NC; and WHEREAS, Person County has not attained the goal of 5% diversion of municipal solid waste set for it as of September 2012; and WHEREAS, Person County desires to make progress in attaining that goal. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners for the County of Person as follows: Section 1- Definitions. For the purposes of this article, the following definitions shall apply: Board means the Board of Commissioners of Person County. Collection means the act of removing solid waste (including construction and demolition waste or recyclable materials) from a point of generation to a central storage point or to a disposal site, and from a central storage point processing center to a disposal site. Corrugated cardboard means three-layered cardboard material with a middle, wavy layer. Non-recyclable cardboard, such as waxed boxes, cardboard adhered to packing material (such as Styrofoam or wooden or plastic supports) and cardboard saturated with motor oil or food waste in its normal use before disposal is excluded from this definition. Disposal means the discharge, deposit, injection, dumping in an open dump, spilling, leaking or placing of any solid waste into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or by emitted into the air or discharged into any waters, including groundwaters. Municipal solid waste means any solid waste resulting from the operation of residential, commercial, industrial, governmental, or institutional establishments that would normally be collected, processed, and disposed of through a public or private solid waste program management service. Municipal solid waste includes construction and demolition waste and inert debris. Municipal solid waste does not include hazardous waste, sludge, industrial waste managed in a solid waste management facility owned and operated by the generator of the industrial waste for management of that waste, or solid waste from mining or agricultural operations. Open burning means the combustion of solid waste as a means of disposal of that waste. Pallet means a portable, wooden platform for handling, storing, or moving materials and packages used in warehouses, factories, retail and wholesale sales locations and vehicles. Person means a person, group of persons, firm, company, corporation, association, partnership, unit of local government, state agency, federal agency, or other legal entity. Processing means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for deposit; or reduced in volume or concentration. 57 Page 2 of 5 Putrescible means solid waste capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances from odors, gases or liquids, such as kitchen wastes, offal and carcasses. Recovered material means a material that has known recycling potential, can be feasibly recycled, and has been diverted or removed from the solid waste stream for sale, use, or reuse. In order to qualify as a recovered material, a material must meet the requirements of G.S. § 130-309.05(c). Recycling means the process by which solid waste or recovered materials are collected, separated, or processed, and reused or returned to use in the form of raw materials or products. Regulated recyclable material means the recyclable material as set forth in Section 4(a). Regulated recyclable material collector means any person who collects regulated recyclable waste. Solid waste facility means any publicly owned solid waste management facility permitted by the State of North Carolina that receives solid waste for processing, treatment, or disposal. Solid waste disposal site means any place at which solid waste is legally disposed of by any method. Solid waste management means the purposeful, systematic control of the generation, storage, collection, transport, separation, treatment, processing, recycling, recovery and disposal of solid waste. Storage means the containment of solid waste, either on a temporary basis or for a period of years, in a manner which does not constitute disposal. Structure means any construction, production, or piece of work artificially built up or composed of parts purposefully joined together. Treatment means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage or reduced in volume. "Treatment" includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. Vehicle means any means by which someone or something is carried or transported. Section 2 - Findings. Person County, North Carolina does hereby find that: Person County owns and operates a recycling facility as a public enterprise to protect the human and environmental health of citizens of Person County both within the unincorporated areas of the county and within the municipality in Person County; and Siting and permitting of sanitary landfills has become increasingly difficult; and Units of local government are charged by the legislature in N.C.G.S. § 130A-309.09A(b) to make a good faith effort to achieve the state's 40 percent municipal solid waste reduction goal by the year 2006; and Person County has committed itself to recycling recyclable materials as part of its own solid waste reduction goal by the year 2022; and Person County has the legal authority under state law, including but not limited to N.C.G.S. § 153A-136, § 153A- 445, and § 130A-309.09B, to enact regulations with respect to the disposal of solid waste including recyclable material and to provide reasonable penalties and other provisions for the enforcement thereof. 58 Page 3 of 5 Section 3 - Purpose and application. The purpose of this ordinance is to regulate the disposal of regulated recyclable material in Person County. This ordinance is adopted pursuant to the authority contained in N.C.G.S. §§ 153A-121, 123, 132.1, 136, 274-278, 291-293, 445, and N.C.G.S. §§ 130A-309.01-309.08, 309.09A, 309.09B, 309.09C, 309.09D. Unless otherwise indicated, this article pertains to all solid waste activity in Person County. Section 4-.Management of regulated recyclable materials—Designation of material. (a) Regulated recyclable material includes recyclable construction and demolition material, ferrous and nonferrous scrap metal, pallets, corrugated cardboard, electronics, televisions, plastics (#1-7), aluminum, mixed paper, office paper, newspaper, glass bottles and jars, magazines, used motor oil, oil filters, used anti- freeze, used cooking oil, steel and tin cans, telephone directories, yard waste, drywall, white goods, tires and florescent lights and thermostats. (b) It shall be mandatory for all persons who are owners, tenants, or occupants of residential and non-residential premises, which shall include but not be limited to retail and other commercial locations, as well as governments, schools, and other institutional locations within Person County, to separate regulated recyclable materials from all solid waste. Regulated recyclable material shall be deposited separate from all solid waste generated by the owners, tenants, or occupants of such premises and shall be placed separately at the curb in a manner and on such days and times as established by the collector. Those not receiving the services of a collector will devise a plan to take regulated recyclable materials to the Person County Recycling Center. (c) All regulated recyclable material generated in Person County shall be recycled: (1) unless doing so would pose a threat to public health and safety through exposure to carcinogens and other toxic substances including, but not limited to, lead, asbestos, fuel oils, gasoline, or; (2) unless the regulated recyclable material is attached to other material, including other regulated recyclable material, in a way that it is not reasonably possible to separate the regulated recyclable material into its constituent parts or from non-regulated recyclable material. It is a violation of this Ordinance for any person to dispose of regulated recyclable material except as permitted in this Ordinance. (d) Regulated recyclable material shall be disposed of through: (1) Delivery to the Person County Recycling Center, (2) Collection by a regulated recyclable material collector, (3) Reuse, (4) Sale or (5) Other means that allow for the safe recycling of the material. Section 5 - Collection of Regulated Recyclable Materials (a) All containers and bags containing regulated recyclable materials readied for pick up shall be placed, prior to collection, between the curb and sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. (b) All containers shall be kept clean and in a safe manner. 59 Page 4 of 5 (c) No person shall discard, dispose of, leave or dump any regulated recyclable material on or along any street or highway or on public or private property, unless such material is placed in a receptacle, placed at a location designated by the County for the deposit of regulated recyclable material, or otherwise placed in possession and control of a collector of regulated recyclable material. (d) Any person collecting or transporting regulated recyclable material for purposes of disposal at an approved disposal site must do so in a manner that prevents this material from escaping that vehicle or container used for the collecting or transporting. (e) No person may contaminate regulated recyclable materials so as to make them unrecyclable. (f) No person may dispose of solid waste through open burning in Person County. Section 6 – Residential requirements (a) The owner of any property shall be responsible for compliance with this Ordinance. (b) For multi-family units, the management or owner is responsible for setting up and maintaining the recycling system, including collection of regulated recyclable materials. (c) Violations and penalty notices will be directed to the owner or management. The management shall issue notification and collection rules to new tenants when they arrive and every 6 months during their occupancy. Section 7– Non-residential requirements (a) All commercial and institutional generators of solid waste shall be required to comply with the provisions of this Ordinance. (b) The arrangement for collection of regulated recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, unless the county provides for the collection of regulated recyclable materials. (c) All commercial, institutional, or industrial properties which provide outdoors litter receptacles and disposal service for their contents shall also provide receptacles for regulated recyclable materials, for those materials commonly deposited, in the location of the litter receptacle, and shall provide for separate recycling service for their contents. (d) Every business, institution, or industrial facility shall report on an annual basis to the Recycling Coordinator, on such forms as may be prescribed, on recycling activities at their premises, including the amount of recycled material, by material type, collected and recycled and the vendor or vendors providing recycling service. (e) All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer. Section 8 – New developments of Multi-family Residential Units or Commercial, Institutional, or Industrial Properties (a) Prior to the issuance of a Certificate of Occupancy by the county, the owner of any new multi-family housing or commercial, institutional or industrial development must supply a copy of a duly executed 60 Page 5 of 5 contract with a hauling company for the purposes of collection and recycling of source-separated regulated recyclable materials. (b) Plans shall include provisions for the indoor, or enclosed outdoor, storage and pick up of solid waste, to be approved by the county engineer. Section 9. – Enforcement (a) The Code Enforcement Official, the Department of Health and the Recycling Coordinator are hereby individually and severally empowered to enforce the provisions of this Ordinance. An inspection may consist of sorting through containers and opening of solid waste bags to detect, by sound or sign, the presence of any regulated recyclable material. Section 10– Violations and Penalties (a) Any persons, corporation, occupant, or entity that violates or fails to comply with any provision of this Ordinance or any of the rules and regulations promulgated hereunder shall, upon conviction thereof, be punishable by a fine not less than $50, nor more than $200. (b) Each day for which a violation of this Ordinance occurs shall be considered a separate offense. Section 11– Severability, Effective Date (a) In the event that it is determined by a Court of competent jurisdiction, that any provision or section of this Ordinance is unconstitutional, all other sections and provisions shall remain in effect. (b) This Ordinance shall take effect 30 days after its adoption. There will be a 12 month compliance period prior to enforcement. Adopted, this the day _______ day of _____________, 2012. PERSON COUNTY BOARD OF COMMISSIONERS ____________________________________ Jimmy Clayton, Chairman Attest: ____________________________________ Brenda B. Reaves, Clerk to the Person County Board of County Commissioners 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 Upon a motion by Commissioner __________________________, and a second by Commissioner _____________________________ and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 1st day of October 2012, as follows: Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 5,976 Human Services (153,613) REVENUES General Fund Intergovernmental Revenues (147,687) Other Revenues 50 Explanation: BUDGET AMENDMENT Appropriating a HAVA grant award in the Department of Elections ($5,976); net reductions in various DSS programs (-$153,663) and a donation received in DSS ($50). Budget Amendment 576