CALL TO ORDER. Chairman Puryear

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1 PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC Fax February 16, :00 am CALL TO ORDER. Chairman Puryear INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA INFORMAL COMMENTS The Person County Board of Commissioners established a 10 minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #1 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A. Approval of Minutes of January 20, 2015, B. Approval of Minutes of February 2, 2015, C. NC DOT Title VI Plan for Person Area Transportation System, D. Budget Amendment #12, and E. 3-Year Renewal of Audit Contract for Fiscal Years

2 UNFINISHED BUSINESS: ITEM #2 Revisions to the Animal Services Ordinance. Heidi York & Ron Aycock NEW BUSINESS: ITEM #3 Volunteer Fire and Rescue Capital Funding Options. Amy Wehrenberg ITEM #4 Request for Special Use Permitting Policy at specific Recreation, Arts and Parks Facilities and Person County Museum and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property.. John Hill & Donald Long ITEM #5 Kirby Second Floor Rental Rates and Fees. John Hill ITEM #6 Public Safety Communication Towers Lease Documents Sybil Tate ITEM #7 Eaton Administrative Clarification of existing Financial Incentive Agreement. Stuart Gilbert CHAIRMAN S REPORT MANAGER S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION (if desired by the Board) RECESS THE MEETING TO TIME OF WORK SESSION WORK SESSION TOPICS: ITEM #8 Future Waste Management Options Heidi York, Sybil Tate & Ron Aycock ITEM #9 Public Nuisance Ordinance... Michael Ciriello ITEM #10 Unified Development Ordinance.. Michael Ciriello Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2

3 PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 20, 2015 MEMBERS PRESENT OTHERS PRESENT Kyle W. Puryear Heidi York, County Manager David Newell, Sr. B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Jimmy B. Clayton Tracey L. Kendrick The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, January 20, 2015 at 9:00 am in the Kirby Theatre located at 213 N. Main Street, Roxboro for the purpose to hold a Board Retreat focusing on the Fiscal Year Budget. Chairman Puryear called the meeting to order and welcomed the group to the annual Board retreat noting the retreat provides an opportunity to give direction to the County Manager for the upcoming recommended budget. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Puryear stated the Sheriff has requested the Board to consider an item for a Governor Crime Commission Grant for to be added to the end of the Retreat Agenda. Chairman Puryear noted his desire to recess the Board retreat at approximately 11:15 am to allow him and any Board members interested in attending the Chamber of Commerce s ribbon cutting at 11:30 am. A motion was made by Commissioner Kendrick and carried 5-0 to approve the agenda with the adjustments recommended by Chairman Puryear. County Manager, Heidi York told the Board the retreat is a time for staff to share relevant information related to fiscal projections locally, state-wide and nationally. Ms. York asked the Board to participate and feel free to ask questions in an informal manner throughout the day. STATE LEGISLATIVE UPDATE: County Manager, Heidi York introduced the first speaker on the retreat agenda. Ms. York stated Ms. Rebecca Troutman is in her 24th year with the North Carolina Association of County Commissioners, a nonprofit advocacy organization of all 100 counties. Ms. Troutman serves as Intergovernmental Relations Director and is a registered lobbyist with the North Carolina General Assembly. She represents county interests on issues related to human services, personnel and retirement, state/county budgets, and tax and finance and is responsible for analyzing tax, finance, and expenditure impacts of proposed legislation and administrative changes on county governments. Key legislative accomplishments include the County Medicaid Relief Swap of 2007, that ended county participation in Medicaid services costs, and the 2012 Health and Human Services Consolidation, authorizing all counties to consider restructuring health and human services delivery. Ms. Troutman, Intergovernmental Relations Director for the NC Association of County Commissioners gave the Board a member benefits brochure for Person County, introduced Mr. Hugh Johnson, Government Relations Coordinator and presented the following State Legislative Update: January 20,

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6 Vice Chairman Newell asked the per capita income for Person County. Annual reporting indicates per capital income for Person County is $25,284. January 20,

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9 Vice Chairman Newell asked if the Board had the authority to eliminate the 2% sales tax levied to which Ms. Troutman replied affirmatively. January 20,

10 Ms. Troutman reiterated that the federal non-recurring funding used for state appropriations for the current fiscal year would need to be replaced with state funding in the next budget. Ms. Troutman stated the General Assembly would likely view the April 15 th proceeds before initiating a state sales tax restructure. January 20,

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12 Commissioner Jeffers stated the following are the NC Association of County Commissioners legislative goals as adopted at the Association s Legislative Goals Conference January 15-16, 2015: 1. Support continued state funding of Medicaid and support efforts by the state to provide healthcare access for all citizens. 2. Seek legislation to restore the statutory requirement that 40% of the net lottery proceeds be allocated to counties for school capital needs and increase the annual appropriation of lottery funds until the 40% allocation is restored. 3. Seek legislation to repeal the statutory authority under N.C. G.S. 115C-431(c) that allows local school boards to file suit against a county board of commissioners over county appropriations for education. 4. Oppose any shift of state transportation responsibilities to counties. 5. Oppose unfunded mandates and shifts of state responsibilities to counties. FEDERAL AND STATE ECONOMIC OUTLOOK: County Manager, Heidi York introduced Mr. Michael Wolf, an economist with Wells Fargo Securities, covering both U.S. and regional economies. Based in Charlotte, N.C., Mr. Wolf writes indicator reports, special commentary, and contributes to the company s Weekly Economic & Financial Commentary. Prior to joining Wells Fargo, Mr. Wolf worked as a regional and international economist at Moody s Analytics. Additionally, he measured trends in compensation as an economist for the Bureau of Labor Statistics. Mr. Wolf has a master s degree in international economic policy and statistics from Columbia University and Baruch College, respectively. He also holds a bachelor s degree in economics from the University of Maryland and is a member of the National Association of Business Economics and Charlotte Economics Club. Mr. Wolf provided the Board with the following Economic Outlook presentation: January 20,

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29 Mr. Wolf noted NC s percent in real GDP for was 2.3%. January 20,

30 Mr. Wolf stated NC s labor force participation rate was 60.2% as of November January 20,

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32 Mr. Wolf stated there have been huge gains in professional technology services. January 20,

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35 Chairman Puryear called for a brief break at 10:41am. Chairman Puryear reconvened the meeting at 10:49 am. AUDIT REPORT & FUND BALANCE: Mr. James P. Winston, II, an audit partner of Winston, Williams, Creech and Evans & Co., LLP presented the Board the following June 30, 2014 Audit Presentation: January 20,

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38 Mr. Winston clarified the Final Budget General Fund Expenditures was $54,232,552 as the number did not fit on the slide appropriately. January 20,

39 Mr. Winston clarified the Final Budget Appropriated Fund Balance was $3,727,949 and there was no actual funding. January 20,

40 Mr. Winston noted the end result of 18.41% General Fund Unassigned Fund Balance complies with the County s policy of 18%. Mr. Winston further noted the minimum General Fund Unassigned Fund Balance is 8% per the Local Government Commission. January 20,

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42 Mr. Winston stated the tax collection rate of 98.40% is above the state average. Mr. Winston noted the vehicle tax collection rate was at 97.75% which included the one-time additional four months of revenues. Board members were given a draft copy of the Comprehensive Annual Financial Report for the year ended June 30, 2014 that includes an independent auditor s report and financial reports. January 20,

43 Finance Director, Amy Wehrenberg gave the following Fund Balance presentation: January 20,

44 Ms. Wehrenberg directed the Board s attention to page 29 of the Comprehensive Annual Financial Report and outlined the many fund balances listings. January 20,

45 Ms. Wehrenberg noted an anticipated drop in next year s fund balance appropriation due to the debt (schools) coming off the books. January 20,

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48 Ms. Wehrenberg noted the proposal to set a policy setting the Unassigned Fund Balance to 20% was just a proposal for the Board to consider noting the County would need approximately $750,000 to meet that target from the current status of 18.41%. Ms. Wehrenberg stated 20% would equate to over $10M. County Manager, Heidi York added that the Board has relied on Fund Balance for recurring expenses the last few years and a policy would set guidelines for best practices to ensure steady growth. Following discussion from all Board members related to the Unassigned Fund Balance proposed policy and whether to keep at its current 18% or increase to 20%, Chairman Puryear suggested holding the discussion to setting policy for the Unassigned Fund Balance until after the Capital Improvement Plan (CIP) discussion later in the day. Chairman Puryear requested the Board to recess for the lunch break noting an opportunity for an informal tour of the newly renovated Kirby Rebirth upstairs was available for Board members if they had not seen the space. A motion was made by Commissioner Jeffers and carried 5-0 to recess the meeting at 11:54 am until 1:30 pm. Chairman Puryear called the recessed meeting to order at 1:30 pm. County Manager, Heidi York requested the Board to participate in the first of several straw polls for the day. The first straw poll related to the information covered in the Finance Director s presentation about Fund Balance. It was the consensus of the Board to continue the retreat with the presentation from the Tax Administrator, Russell Jones. January 20,

49 AD VALOREM AND VEHICLE TAX REVENUES: Tax Administrator, Russell Jones told the group that during Fiscal Year , the current tax year, the biggest players are, of course, real property (land and buildings) at 67.58%, then state appraised property (Duke Energy) at 21.13%% percent, then machinery (business equipment) at 9.48%. Mr. Jones confirmed the DMV has transitioned to the new NCVTS system, and it is now collected by NCDMV local tag offices. January 20,

50 Mr. Jones stated the data on the real property is actual noting the State appraised figure comes in September, the equipment number is available late April, and motor vehicles has 15 months of history. Mr. Jones noted real property value continued to see $9 million in growth (from 2.774b to 2.783b.) January 20,

51 Mr. Jones noted there may be some additional equipment at Eaton, GKN, and Spuntech that was not in place January 1, 2014 but this is unknown at this time. January 20,

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53 Mr. Jones stated the numbers are comparing predictions for the estimated ending levy for 2014, and not the budgeted levy of $3.960 billion for 2014 (for ending levy as opposed to budgeted is 1% higher). Mr. Jones noted the proposal levy value for is $4 billion, which is an increase of $40 million from budgeted levy in of $3.96 billion. January 20,

54 The new NCVTS system started with September 2013 renewals. While some citizens renewed early (July $1,600 and August $23,000 in revenues), most renewed by October 15 (grace period) with some renewed after the grace period. With only 15 months of data, Mr. Jones felt that this revenue source will increase from the budget FY15 of $1,920,000, to a budget of $2,100,000 ($175,000 per month versus $160,000 in current budget) for FY16. Mr. Jones stated for FY15, one penny generated $410,051 at 97.25%. One penny generates more for FY16, due to increase in tax levy and DMV (+$8,214 per penny) noting any changes in the tax rate will only affect vehicles from October-June, due to renewal notices already mailed for preceding months. January 20,

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56 Option 1: General Fund shows the way the fire departments were funded for the current year, FY15 and the potential funding for FY16. Mr. Jones noted power producing plants are excluded from a fire tax by NC General Statute. DMV renewals for July-August will not be affected by a new fire tax until next year due to the timing of registration renewal notices already mailed. Mr. Jones noted Person County could be one fire district with one tax rate (3.519 cents) due to fire districts not following parcel lines. The fire tax is not distributed based on value, but by the authority of the commissioners. January 20,

57 Mr. Jones clarified that with Option 2, a Fire Commission cannot be established; by statute the authority is with the Board of Commissioners. Mr. Jones noted 9/12 months billed for first year, or 26,250 vehicles as July-September bills already mailed before July 1; another option for first year could be $35.15 to require no general fund. January 20,

58 Mr. Jones stated Option 4 allows a Fire Commission to be established or the fire tax can be governed by the Board of Commissioners or jointly by two neighboring county governing bodies. A resulting vote could include up to a $.15 cent maximum fire tax. January 20,

59 Mr. Jones noted 35% of freeholders (real properly owner that lives on the property) is difficult to establish and any such petition would be verified by tax office which may involve heir property with unknown heirs. Mr. Jones further noted that even if only one fire district is interested in a petition and the fire protection district, up to 4 districts may see lines affected (and maybe surrounding counties). House Bill 589 may prevent a special election. Mr. Jones stated the Election department does not have a database that matches fire districts. Fire district lines do not follow parcel lines or roads but are calculated on a 6-mile driving radius of the fire station. Commissioner Jeffers stated the need to hold community meetings to educate the public related to the fire tax or continue the same method of funding of increasing funding by 2% every other year. Commissioner Jeffers noted funding for fire services is a public safety issue to which the Board should hear from the public before making a decision. Commissioner Jeffers advocated for dedicated funding so the volunteer fire departments can make larger equipment purchases without the worry if funding will be appropriated. Chairman Puryear stated his opposition to a fire tax noting he would consider a funding formula, establishing a fire fund or changing the revolving loan to be interest free. Vice Chairman Newell noted it made more sense to continue funding as is to receive more money for the penny as well as advocated for pursuing state matching grants (up to $30,000 per year per station) for local funding of fire services thereby setting up a fire fund. County Manager, Heidi York told the group that following the joint meeting with the volunteer fire departments, she sent the Board a memo explaining the County does not have a purchasing agent and should the Board desire to fund the purchase of equipment and fire trucks, it would have to be incorporated in the Capital Improvement Plan. Ms. York stated the County s revolving loan fund guidelines could be amended to include the volunteer fire departments noting currently there is an interest assessed to the loans which is why staff advised the volunteer fire departments to take advantage of the interest free loans through the USDA electric coops. Ms. York explained when the City of Roxboro s Fire Services agreement was put into place two years ago, a 2% CPI adjustment was included for every other year. Ms. York noted on the alternate two year period, a 2% CPI was recommended for the volunteer fire departments to adjust funding in the same manner as for the City s fire services yet to be distributed based on actual call volume noting each volunteer district s demands are different. Ms. York stated the County only followed the outlined formula for the volunteer fire departments once. Ms. York s recommendation was to implement the formula to address and meet the same goals to adjust similarly as done for the City of Roxboro. Commissioner Jeffers noted if the majority of the Board is not in favor of a fire tax, he would be in favor of establishing a fire fund and reviewing policy changes for the County s revolving loan. Chairman Puryear stated support for the revolving loan to be redefined for use by the volunteer fire departments in a fair distribution to each station. Commissioner Jeffers stated support to start the conversation between staff and the designees of the Fire Chief s for each station. Ms. York stated the non-recurring amount in the County s Revolving Loan Fund is currently $181,000. January 20,

60 Chairman Puryear offered for staff to start dialogue with the Fire Chiefs as the County s Revolving Loan process would be faster than the USDA process. Ms. York disagreed noting the Electric Coop staff are awaiting applications with money to loan immediately noting the County s process will take time to set-up the program. A motion was made by Commissioner Jeffers and carried 5-0 to direct staff to begin dialogue on establishing a fire fund or redefining the policy of the County s Revolving Loan as a line of credit for the volunteer fire departments to apply. Board members reiterated the Revolving Loan should remain a source for small businesses. Commissioner Jeffers suggested staff to contact the Fire Chief s Association President, Wayne Wrenn to create a committee of designees to dialogue with County staff. Chairman Puryear requested Board members to complete the second straw poll relating to Revenue: January 20,

61 COUNTY TRENDS FOR DECISION-MAKING: Assistant County, Manager. Sybil Tate gave the Board the following presentation related to trends in Person County across the state: January 20,

62 The mean household income for Person County is $52,000. January 20,

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64 Ms. Tate noted Person County s population has decreased by 184 people or.5%. January 20,

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66 FY08. Ms. Tate stated Person County Schools enrollment has decreased by 939 students since January 20,

67 12. Ms. Tate stated Person County School s teacher supplement is ranked in the state s top Ms. Tate stated PCC s enrollment has decreased by 2,260 since FY08 (chart does not include data for FY15.) January 20,

68 The FY15 Tax Rate Comparison chart illustrates tax rate only. Chairman Puryear announced a brief break at 2:49 pm. The meeting was reconvened at 3:02 pm. January 20,

69 FUND PROJECTIONS & CAPITAL PROJECTS: Finance Director, Amy Wehrenberg provided the Board with the following Fiscal Review and Projections: January 20,

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72 Ms. Wehrenberg stated the extension request to issue/sell bonds at a 20 year term would begin in August 2015 and would require a public hearing, if desired by the Board. January 20,

73 Commissioner Kendrick commented a need to consider amending the County s Wireless Communication Ordinance to change the fall zones. January 20,

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75 Ms. York requested the Board to complete the third straw poll related to fiscal and capital funding: January 20,

76 WORKFORCE IMPACTS: Human Resources and Risk Management Director, Angie Warren provided the Board with the following presentation relating to Workforce Impacts: January 20,

77 Ms. Warren stated Option 3 on the Springsted Study slide above would have the greatest impact to address compression. January 20,

78 Ms. Warren noted the Coventry options for the next fiscal year include no plan design changes. January 20,

79 Ms. Warren noted the Coventry CareLink Plans are through Duke providers for innetwork services. The Coventry Self-Funded plan is a traditional PPO requiring more administration by county staff to educate employees and manage costs. Ms. Warren stated no additional staff would be needed to take on the Self-Funded plan. County Manager, Heidi York stated the projected 8% savings is a very conservative number. January 20,

80 Commissioner Newell asked about the start-up fund. Ms. Warren noted the insurance broker did not answer their questions however staff anticipated between $200,000-$250,000. January 20,

81 Ms. York asked the Board members to complete the straw poll related to Workforce Impacts: Chairman Puryear requested the Board to consider hearing the Sheriff s request to allow staff time to compile the survey results. It was the consensus of the Board for Sheriff Dewey Jones to present his request: GOVERNOR CRIME COMMISSION GRANT FOR : Sheriff Dewey Jones requested Board approval for the Sheriff s Office to pursue a grant in the amount of $15,000 with a 25% match that would be funded with asset forfeiture funds. The grant funding will be used for body cameras and other equipment. Sheriff Jones noted the deadline to submit the grant is January 31, 2015 which necessitated Board action at the retreat. A motion was made by Vice Chairman Newell and carried 5-0 to approve the Sheriff s Office to proceed to write a $15,000 Governor Crime Commission Grant in the amount of $15,000 with a 25% match that would be funded with asset forfeiture funds. January 20,

82 BUDGET PRIORITIES: County Manager, Heidi York asked the Board to complete a non-binding ranking survey based on the aggregate results of the earlier straw polls. Assistant County Manager, Sybil Tate stated the items in the ranking survey were items that received at least three straw poll votes. January 20,

83 An illustrated example using the calculator tool with the noted priorities showed the following: Debt Senior Center $47,143 Rec Center $282,857 Communication System $235,000 Roofing $90,000 Self-Funded Insurance $218,921 Total Debt $873,921 Ms. York stated the take-away from the calculator tool is that the upcoming budget process, based on the priorities outlined, is almost $1M over from a balanced budget. Ms. York thanked the Board for participating in the straw poll and ranking survey noting the benefits of the Board setting priorities that provides staff direction in working on the recommended budget. As a follow-up to the local and state trends presentation, Commissioner Jeffers commented on the need for Person County to update its Strategic Plan. Chairman Puryear suggested staff reviewing the last two Strategic Plans, incorporating the Future s Plan into the concept and prioritizing by cost. Chairman Puryear asked for an organizational plan with potential committee members. Assistant County Manager, Sybil Tate asked the Board if the focus should be economic development or community development or as broad as the Future s Plan. It was the consensus of the Board to have a more traditional plan focusing on economic development. Commissioner Kendrick stated his desire to discuss the Senior Center noting he and other commissioners have visited the group home space located at 202 S. Main Street. After speaking with the group home director, David Forsythe, Commissioner Kendrick stated there was an option for the Senior Center to be temporarily housed at no cost. Commissioner Kendrick asked the Board for approval to proceed with conversations with Mr. Forsythe related to terms and conditions using the Person County Group Homes space. Commissioner Jeffers and Ms. York stated the decision for the location of the senior center ultimately is the decision of the Kerr Tar non-profit noting the Board could make suggestions as was done in the past. Commissioner Clayton stated he has requested Diane Cox, Executive Director of Kerr Tar to visit the group home site. A motion was made by Commissioner Kendrick and carried 5-0 to recommend to the Kerr Tar Council of Government to temporarily locate the Senior Center, with David Forsythe s approval, in the group home space until a full-time location is worked out. January 20,

84 CLOSING REMARKS & EVALUATION: Chairman Puryear and County Manager, Heidi York announced the Board would be meeting jointly with Roxboro City Council on February 5, It was the consensus of the Board to offer the City Council the meeting time at 5:30 pm. Chairman Puryear asked the Board to be thinking of any ideas for a permanent solution for the Senior Center working in partnership with City Council. Chairman Puryear thanked the Board members for their initiation to go out and visit sites for this purpose. Chairman Puryear asked Board members to complete the retreat evaluation and return to the County Manager. ADJOURNMENT: A motion was made by Commissioner Kendrick and carried 5-0 to adjourn the meeting at 4:38 pm. Brenda B. Reaves Clerk to the Board Kyle W. Puryear Chairman (Draft Board minutes are subject to Board approval). January 20,

85 PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 2, 2015 MEMBERS PRESENT OTHERS PRESENT Kyle W. Puryear Heidi York, County Manager David Newell, Sr. C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Jimmy B. Clayton Tracey L. Kendrick The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, February 2, 2015 at 7:00 pm in the Commissioners meeting room in the Person County Office Building. Chairman Puryear called the meeting to order. Commissioner Kendrick led invocation. Vice Chairman Newell led the group in the Pledge of Allegiance. Chairman Puryear called for a moment of silence in remembrance of Person County s EMS Captain Gary Ray Davis who was laid to rest this date. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Clayton and carried 5-0 to add an item to discuss Board procedure and to approve the agenda as adjusted. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Ronnie Jackson of 435 Ann Drive, Timberlake representing himself and a group in the audience that reside in the Forks subdivision relating to their continued complaints for a neighbor s public nuisance issues which he illustrated with photos. Mr. Jackson requested the Board to strengthen the County ordinances and for the Sheriff to enforce such ordinances. Ms. Vickie Shull of 812 Salem Church Road, Hurdle Mills urged the Board to follow up with the citizen s referendum vote in 2008 in favor of recreation facilities bonds that included the construction of a recreation and senior center. Ms. Becky Elliott of 1859 Peed Road, Rougemont spoke about the existing landfill that is used as a dumping ground for trash and toxic waste that has destroyed the Mt. Tirzah area with its stentch, noise and environmental issues. 85 February 2,

86 Mr. Dave Hughston of 423 N. Old Lantern Road, Timberlake represented the 2015 Person County Leadership (10 individuals in attendance) sponsored by the Chamber of Commerce. Mr. Hughston requested the Board to continue to support the Chamber as well as work together with the City of Roxboro. Ms. Vonda Frantz of 119 Potluck Farm Road, Rougemont advocated for an appropriate combined facility in the County to address both the Senior Center and Rec Center programs noting the benefits of a similar program at the Sportsplex in Hillsborough. Ms. Frantz noted a recent proposal that was brought down that reflected the wishes of the voters and citizens for many years. Mr. Godrey Laws of 3509 Hurdle Mills Road, Hurdle Mills stated he is a volunteer with the National Committee to preserve Social Security and Medicare and he requested the Board to support a Proclamation of such. For more information please call DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Kendrick and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of January 5, 2015, B. Tax Adjustments for the month of January 2015, i. Tax Releases ii. iii. NC Vehicle Tax System pending refunds Written request for a refund by Mr. Charles Carver in the amount of $7, (county tax of $3, and city tax of $3,438.23) C. Report of Unpaid Taxes, D. Advertisement of Unpaid Real Estate Taxes, and E. CDBG Reporting for Close-out of Grant #11-C February 2,

87 NEW BUSINESS: REVISIONS TO THE PERSON COUNTY ANIMAL SERVICES ORDINANCE: Animal Services Director, Ron Shaw introduced to the Board Dr. Vickie Soares, Chair of the Animal Services Advisory Committee who would present revisions to the Person County Animal Services Ordinance for consideration for adoption. Dr. Soares stated the Person County Animal Services Ordinance was updated and adopted by the Board of County Commissioners in May At that time, staff was directed to hold off on developing a citation system which would allow for enforcement of the Ordinance. Since then, the Animal Services Advisory Committee has been working on developing proposed language to allow the Animal Services Officers to issue citations for violations of the Ordinance. These citations will not negatively impact the responsible pet owners of Person County, but they will create warnings and fines for irresponsible pet owners. This includes violations such as cruelty to animals, animals running at large, and not complying with the state law mandating rabies vaccinations. The Animal Services Advisory Committee did not propose new laws, rather a tool for enforcement of already existing laws. Dr. Soares noted the proposed revisions would allow the Animal Services Officers the ability to fine residents for a quicker result versus litigation that can takes weeks, months or even years to resolve. In addition, the Animal Services Advisory Committee requested the implementation of rescue group offenses and resulting consequences to be included with Appendix B to the Ordinance noting this will improve operations at the Shelter by helping to enforce the rules for animal rescue groups wanting to pull animals from the shelter. The offenses are split into minor and major offenses and have corresponding penalties. The minor offenses include not following through on pulling the animal after committing to pull them and not adhering to the Rescue Group Procedures listed in Appendix B. While some major offenses include turning animals into other city or county shelters and not being a licensed rescue with the Department of Agriculture. County Manager, Heidi York stated the Board had a copy at their seats of the current Appendix B noting the revisions would be additional text to the existing language. Dr. Soares stated the Animal Services Committee recommended the new ordinance would become effective April 1, 2015 should the Board adopt the revisions allowing time to educate residents on responsible pet ownership and these new changes. Adoption of the revised changes will require a unanimous vote by the Board at the first reading, or by a majority vote at a second reading which would occur at the Board s next meeting. The proposed revision included the following changes to Section 19: Penalties: 87 February 2,

88 SECTION 19: PENALTIES A. Under authority of NC G.S. 153A. 123 (b) violation of this ordinance is a misdemeanor punishable by a fine and/or imprisonment for not more than thirty days. B. The Animal Services Officer may institute an action for injunctive relief and an order of abatement as provided for in NC G.S. 153 A-123 (e) for any condition found unlawful in this ordinance. C. The Animal Services Officer may also enforce this Ordinance by issuing a Notice of Civil Penalty pursuant to NC GS 153A-123(c). 1) The Civil penalties provided for herein shall be as set forth in the schedule of fees and penalties adopted from time to time by the Person County Board of County Commissioners. Such Civil Penalties shall be in addition to, and not in lieu of, the criminal penalties and other remedies provided by this Ordinance or by State law. The animal services officer shall be authorized to issue a citation to the person(s), violating this ordinance and shall give notice of the violation in the manner prescribed below. Citations so issued may be delivered in person or mailed by registered or certified mail, return receipt requested, to the person charged. The civil penalty or penalties set forth in the citation must be paid within seventy-two (72) hours of the receipt of the citation and shall be paid to the Animal Services Department. The Animal Services Department shall forward all such penalties collected to the Finance Office for the County of Person for application as by law provided. 2) If the person charged fails to pay the civil penalty within seventy-two (72) hours from the time the citation was issued an additional civil penalty as provided for in the schedule of fees and penalties shall be assessed. 3) Such civil penalties may be recovered by Person County in a civil action in the nature of debt or may be collected in such other manner as prescribed herein. 4) Such notice shall, among other things: a) State upon its face the amount of the penalty, and b) Provide that such offender may answer the said notice by mailing said notice, and paying the stated penalty to the Person County Animal Services Department at its mailing address stated in the notice or by making payment to the Person County Animal Services Department directly and that upon payment, such case or claim and right of action by Person County will be deemed compromised and settled, and c) State that such penalties must be paid within seventy-two (72) hours from issuance of such notice, and 88 February 2,

89 d) State that if such notice of violation is not paid within said seventy-two (72) hour period, civil action to recover the debt may be instituted to include but not be limited to the debt collection procedures of NC GS Chapter 105A Setoff Debt Collection Act, ( interception of state income tax refunds), and e) State that the Person County Animal Services Department is authorized to accept such payments in full and final settlement of the claim or claims, right or rights of action which Person County may have. Acceptance of such penalty shall be deemed a full and final release of any and all such claims, or rights of action arising out of such contended violation or violations, and D. Each day of continued violation of this ordinance is a separate and distinct offense as provided for in NC G.S.153A-123(g). The proposed additional language to be added to Appendix B relating to Rescue Group Offenses was as follows: Minor: Not following Rescue Group Procedures listed in Appendix B of the Animal Control Ordinances. Not following through after tagging pets for rescue. Offenses First Offense: written warning Second Offense: suspension of 30 days Third Offense: suspension of 90 days Fourth Offense: suspension of 180 days Major: Using a 501c3 IRS designation that is not current. Not adhering to state and federal animal welfare and cruelty laws. Not making sure all pets pulled by rescue are spayed/neutered as required. Not licensing rescue with the Department of Agriculture if required (more than 9 rescue pets in any foster home.) Pulling from the Shelter and then turning into other city or county-run shelters. Negative interaction with shelter as to cause disruption of normal everyday functions at shelter Offenses: First Offense: suspension of 30 days, 1 year probation* Second Offense: suspension of 90 days, 1 year probation* Third Offense: suspension of 180 days, 1 year probation* Fourth Offense: suspended indefinitely *Rescue Groups on probation, if violate their probation will be suspended for 1 year 89 February 2,

90 Redemption Rescue Groups with previous offenses who go 5 years with no additional offenses can have their record cleared and will be restored to a clean record status. Procedures for implementation of offenses to Rescue Groups: Minor Offenses: as better defined in the Rescue Groups Procedures, Appendix B (attached to the Person County Animal Services Ordinances, Rescue Group will be sent a letter from PCAS Director and Director to notify PC Advisory Committee. Major Offenses: PCAS Director to notify PC Advisory committee and Committee to meet within 2 weeks to review. Rescue Groups may appeal the Director s decision by notifying PC Animal Advisory Committee and will be invited to the next scheduled Committee meeting. PC Animal Advisory committee will render a decision and notify the Rescue Groups within 10 working days of that meeting as to their decision. Commissioner Jeffers voiced concerns related to individual interpretation of the ordinance as written related to field trials and running at large without a rabies tag. Commissioner Jeffers advocated for a rabies tag not be required on the animal and no fee assessed if rabies verification could be provided with a 24-hour period. Both Mr. Shaw and Dr. Soares supported all animals wearing a rabies tag to aid in identification if found as well as to provide protection to anyone that encounters the animal for safety. Mr. Shaw read an excerpt of Section 3, item B in the current Animal Services Ordinance as follows The rabies tag is to be worn by said dog or cat at all times except as otherwise provided by State Law. Exceptions include but are not limited to performing at shows, obedience trials, tracking tests, field trials, training schools or other events sanctioned and supervised by a recognized organization. Mr. Shaw and Dr. Soares stated their interpretation of field trials would include hunting noting the dog would be running at large during the lawful hunting season under the control of a competent person. Commissioner Kendrick noted issues with the at large definition as previously adopted by the Board of Commissioners. Mr. Shaw responded that the definition as outlined is the state definition for the term at large. Commissioners Jeffers and Clayton noted their opinions that the Citation Civil Penalties were excessive at $50 and/or $100 per violation. Commissioner Kendrick stated his support of the Citation Civil Penalties noting the taxpayers would not be paying the bill for irresponsible pet owners. Ms. York added that the Citation Civil Penalties as noted allowed the County to offset the expenditures by recouping costs of the officer investigation, overhead costs and the often times, repeat visits. Mr. Shaw stated the Animal Services Advisory Board discussed at length and came to the consensus of the proposed amounts. 90 February 2,

91 The Board discussed whether or not the fine and/or civil penalties collected would go to the school system. County Attorney, Ron Aycock told the Board that civil penalty proceeds are retained with the County and the NC Constitution provides that fines to be sent to the school system in the County. Commissioner Clayton stated preference that the County Attorney review that the County would be in compliance with any such proposed proceeds. Commissioner Clayton stated $25 was a more reasonable fee if the animal has been vaccinated but not wearing the tag. Ms. York suggested that staff could further clarify field trials as it relates to hunting dogs and to specifically cite hunting. Mr. Aycock clarified the desire of the Board to further define a hunting dog, not in hunting season to be allowed without the direct supervision of its owner. Commissioner Jeffers replied that the state defines when a dog can run on game lands with off season stipulations noting his desire for the ordinance to specify the interpretation and enforcement during hunting season. Dr. Soares reminded the group that hunting season(s) are predetermined by the state. Mr. Shaw offered a suggestion to revise Section 19 to include the exemption for hunting dogs during the lawful hunting season. A motion was made by Commissioner Clayton and carried 5-0 to table for further direction by the County Manager and County Attorney. 91 February 2,

92 PUBLIC SAFETY COMMUNICATION TOWERS UPDATE: General Services Director, Ray Foushee provided the Board with an update related to the Public Safety Communication Tower proposed locations and presented the terms of the proposed lease between Person County and Bethel Hill Charter School. Mr. Foushee reminded the Board had funded $100,000 in the Fiscal Year 2015 budget to complete environmental studies and proceeded to give the individual site updates as follows: Woodland: The NC State Highway Patrol will fund the Woodland site tower located at the southeast corner of the property behind the playground of Woodland Elementary School. Due to the historical site on Wagstaff property across Highway 57 from the school, the County obtained approval from the State Historic Preservation Office (SHPO) related to the tower height. The County requested 380 ft. but SHPO approved 280 ft. with a 150 ft. fall zone. Mr. Foushee stated the drawings are ready and the final lease should be ready for the Board s next meeting on February 16, Bushy Fork: Mr. Foushee stated the location of the Bushy Fork 300 ft. tower is on county-owned property on the northeast corner of the property behind ball field #2. The fall zone will be 100 ft. Mr. Foushee said the FAA has notified the County that the Bushy Fork tower is in a holding pattern for aircraft that might land at the Whitfield Farms Airport. Thus, the County may have to reduce the tower height from 300 ft. to 275 ft. Mr. Foushee added that any costs associated with engineering for the proposed towers are included in the quotes provided however engineering towers for restricted fall zones change costs from 5-10%. The County is pursuing another path study to verify the necessary line of sight from tower to tower and should have the results within the next two weeks. Mr. Foushee stated the site is within the Hyco watershed thereby enacting the 12,000 sq. ft. disturbance regulation for storm water management however only 7,985 sq. ft. is expected to be disturbed. Mr. Foushee noted a 20 ft. fire access road would be required which means the existing power pole and bleachers would have to be relocated. Mr. Foushee stated that the SHPO approval was also received for this site due to the Henry Vernon House nearby. The drawings for this site are being revised due to the fire access road and drainage. Mt. Tirzah: Mr. Foushee stated the location of the Mt. Tirzah 300 ft. tower will be on the southeast corner of the property near the Moriah Fire Station. The fall zone will be 50 ft. The drawings are currently being revised due to the tower relocation on the property. Bethel Hill: Mr. Foushee stated the location of the Bethel Hill 300 ft. tower will be on the northern end of the property and the fall zone will be 150 ft. Mr. Foushee stated the fire access road will need to be upgraded to reduce the slope. 92 February 2,

93 Mr. Foushee presented the Board with terms of a draft lease between Person County and Bethel Hill Charter School highlighting the additional terms that were not listed in the draft which are: Termination County shall remove tower, etc., from premises within one year of termination, unless Bethel Hill Charter School decides to take possession, and Sublease Bethel Hill Charter School shall be notified of any sublease and full terms of sublease agreement. Bethel Hill Charter School also to be notified of any exchange of service agreement with any business that uses the tower. Mr. Foushee said that Bethel Hill Charter School has requested revenue sharing, in the event that any cell carrier leases space on the tower. Staff has negotiated a 33% Bethel Hill Charter School, 66% County split until the county s capital cost is paid, at which point the revenues would be split 50/50 between both parties. County Manager, Heidi York noted the Board is requested to approve the terms of the draft lease, provide input for any changes, further noting that the final lease will be prepared and brought back to the Board for approval at a future meeting. Mr. Foushee added the lease may be finalized and ready by the Board s next meeting on February 16, 2015 for approval, and following such approval, the Bethel Hill Charter Hill Board of Directors would address the lease at its February 19, 2015 meeting. Vice Chairman Newell asked staff about the tower s ability for multiple carriers. Assistant County Manager, Sybil Tate stated the tower is being constructed to accommodate two cell carriers. Commissioner Jeffers asked the annual maintenance cost for the tower to which Ms. Tate estimated $5,000 - $10,000. Commissioner Kendrick inquired as to why volunteer fire departments sites were not selected. Ms. Tate noted the volunteer fire departments were not as generous and required a rent fee and/or did not have adequate space to accommodate. A motion was made by Commissioner Clayton and carried 5-0 for staff to proceed to finalize the lease between Person County and Bethel Hill Charter School with the terms approved including the additional language requested by Bethel Hill Charter School as presented. The draft lease presented to the Board follows; however, this version does not incorporate the following additional language: Termination County shall remove tower, etc., from premises within one year of termination, unless Bethel Hill Charter School decides to take possession, and 93 February 2,

94 Sublease Bethel Hill Charter School shall be notified of any sublease and full terms of sublease agreement. Bethel Hill Charter School also to be notified of any exchange of service agreement with any business that uses the tower. 94 February 2,

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99 BOARD PROCEDURE: Commissioner Clayton stated he added this item for discussion following a weekly from the County Manager that noted the Chairman and Vice Chairman gave her operating requests instructions on certain things to do from now to the next fiscal year. Commissioner Clayton noted when he served as Chairman or Vice Chairman he never gave the Manager instructions without the resources of the full Board. Commissioner Clayton stated should the Chairman or Vice Chairman desire to give the Manager instructions, the full Board should be aware and/or vote on such. Commissioner Jeffers added that the Manager stated during the Animals Services Ordinance discussion that the County was to operate like a business, which was part of the direction given by the Chairman and Vice Chairman noted in the . Commissioner Jeffers stated agreement with Commissioner Clayton that any such direction to the Manager should be a consensus of the Board and/or a majority of the Board. Chairman Puryear apologized to the members of the Board that took it the wrong way noting the intention of that meeting was to create dialogue with the County Manager since they have not had the opportunity to do so and to give her expectations on how they would like to have communication. Chairman Puryear said he expressed to the County Manager that each commissioner only has one vote. Chairman Puryear made the Board aware that with any concerns, he would be available to discuss noting he intends to communicate with each commissioner on upcoming issues to be well known before a Board meeting. CHAIRMAN S REPORT: Chairman Puryear reported the following: o Attended a legislative breakfast at Piedmont Community College with its Board of Trustees noting they are anxious to meet jointly with the Commissioners related to the budget, o Good news with the announcement made by PCC for the official opening for the Kirby Rebirth project, o Asked the County Manager to follow-up on the start of the Strategic Plan process, and o Reminder of the February 5, 2015 joint meeting with City Council at 5:30 pm at City Hall. Commissioner Jeffers requested the Board of Commissioners to excuse him momentarily to retrieve information from his vehicle for his report. It was the consensus of the Board to excuse Commissioner Jeffers at 8:04 pm. Commissioner Jeffers returned to the meeting at 8:06 pm. 99 February 2,

100 MANAGER S REPORT: County Manager, Heidi York reminded the Board that at its February 16, 2015 meeting, a work session will immediately follow the end of the regular scheduled meeting to discuss 1) landfill contract, and 2) public nuisance. Commissioner Newell stated he was supposed to be on jury duty that day. COMMISSIONER REPORT/COMMENTS: Commissioner Clayton reported that many years ago, the County gave each of the volunteer fire departments an appropriation on a rotating schedule in addition to the annual funding from the County. Commissioner Clayton stated this rotation program ended about the time the County created a Fire Marshal position with the intent that the Fire Marshal would assist with deciding where the additional appropriation was needed. Vice Chairman Newell asked for clarification related to state matching funds for the volunteer fire departments. County Manager, Heidi York noted each individual station could apply for interest free loans similar to the grant funding discussed through USDA or Redleg type electric coops whereby the state matches funds. Ms. York stated the Board had asked her to develop a Revolving Loan program for volunteer fire departments capital needs to which she planned to bring before the Board at its meeting on February 16, 2015 with the recommendation that the Board consider other options. Commissioner Kendrick had no report or comments. Commissioner Jeffers, as the liaison on the Department of Social Services (DSS) Board, presented to the Board the highlights of the DSS Annual Report FY as follows: Protective Services for Children 556 reports received as suspected child abuse or neglect with 22% substantiated, Foster Care - 91 children in agency custody, Permanency Planning - 19 children living with parents but in DSS custody, Adoption Services - 70 children received adoption services, Independent Living Skills - 54 youths eligible and 23 youths received skills training to live outside foster care. Foster Care Licensure - 3 new homes licensed and 58 licensing home visits, Services To The Elderly & Disabled - 38 legally blind individuals received independent living skills, training, general assistance, and In- Home Services, Community Alternatives - 46 citizens received services during the year, Adult Day Care - 35 client supervisory/monitoring visits made, 100 February 2,

101 Foster Care For Adults - 4 individuals assisted with out-of-home placements, Guardianship - 29 legal guardianships, In-Home Aide Services - 9 individuals served with the average cost of In- Home Aide Services $515 per client per month, Protective Services For Adults reports received, Medicaid At Risk Services - 23 individuals received services, Medicaid For Adults - 1,210 applications taken with 602 applications approved and 353 cases terminated, Special Assistance recipients in rest homes, Special Assistance In Home - 4 people screened and approved for services with a total of 9 individuals served during the year, Family Support Services/Child Support Services - $3,685,909 total collections, Child Care Services children served with $223,229 (15%) provided by Smart Start and 96 children on waiting list, Home Management Services home visits made with 209 families served, Medicaid Transportation - 4,679 PATS trips, 3,592 gas vouchers used and 8,697 calls received on Medicaid Transportation request line, Service Intake - 4,572 individuals served, Work First -222 average number of cash assistance recipients per month, Work First Employment Services active Work First participants, Food & Nutrition Services - $11,189,765 in food assistance authorized; 1 in 4 households in Person County currently receive Food and Nutrition Services (food stamps), Low Income Energy Assistance Program (LIEAP) applications taken in office, 30 applications taken at other locations, 643 applications approved with $164,400 total benefits to county residents, Medical Assistance For Families - 5,863 average number of children and their caretakers served monthly, Fraud Services - 66 cases investigated, 53 cases substantiated with $56,723 collected, North Carolina Health Choice For Children average number of children covered monthly, Case Management Statistics for all Income Maintenance Programs - 7,408 applications taken with 6,028 applications approved and 8,758 determinations of continuing eligibility, Administration / Fiscal reported 35,948 client visits registered and 56,780 client documents scanned, 101 February 2,

102 Funding Sources Commissioner Jeffers commended the DSS staff, and all county employees, for serving many people each and every day. Commissioner Newell inquired as to the number of people that fall through the cracks to which Commissioner Jeffers did not know. Commissioner Jeffers said that the Turbo Tax software has a checklist that may indicate individuals are eligible for food stamps and that, if checked, will generate an application and automatically send to the individual s county DSS to be screened and processed. RECESS: A motion was made by Commissioner Kendrick and carried 5-0 to recess the meeting at 8:20 pm until February 5, 2015 at 5:30 pm for the purpose to meet jointly with Roxboro City Council in Council s meeting room at City Hall. Brenda B. Reaves Clerk to the Board Kyle W. Puryear Chairman (Draft Board minutes are subject to Board approval). 102 February 2,

103 AGENDA ABSTRACT Meeting Date: February 16, 2015 Agenda Title: NC DOT Title VI Plan for Person Area Transportation System Summary of Information: A Title VI Plan is required by NC DOT as a recipient of Federal Transit Administration grants. This plan shows that the Person Area Transportation System (PATS) is operating programs and services without regard to race, color, and national origin. Any person who believes she or he has been aggrieved by any unlawful discriminatory practice under the Title VI may file a complaint with PATS. Recommended Action: Adopt the Title VI Plan to allow PATS to remain in compliance for future grant programs. Submitted By: Kathy Adcock, Transit Manager 103

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128 2/16/2015 BUDGET AMENDMENT Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 14,897 Public Safety 53,328 Human Services 228,951 Culture and Recreation 7,836 Transportation 22,382 Economic and Physical Development 4,446 Environemental Protection 389 Transfers to Other Funds 4,474 Contingency (121,394) REVENUES EXPENDITURES REVENUES EXPENDITURES REVENUES General Fund Intergovernmental 208,345 Charges for Services 6,185 Other Revenues 779 PI Community Rehabilitation Program Fund and Material Recovery Facility Fund PI Community Rehabilitation Program (4,593) Material Recovery Facility 1,167 PI Community Rehabilitation Program Fund and Material Recovery Facility Fund Intergovernmental (7,900) Transfer from General Fund to PI 3,307 Transfer from General Fund to MRF 1,167 Airport Capital Construction Fund 2013 FAA NPE Funds (3,500) Fuel System Upgrade 3,500 Airport Capital Construction Fund Federal funds: 2013 FAA NPE (2,960) Local funds: 2013 FAA NPE (540) Federal funds: Fuel System Upgrade 3,150 Local funds: Fuel System Upgrade 350 Explanation: Per auditor's instructions, correct revenue type for Cooperative Extension class fees from Other Revenue (- $3,000) to Charges for Services ($3,000); transfer from Contingency/Insurance (-$121,394) the annual cost of vehicle insurance coverage ($121,394); receipt for wellness gym fees ($170); receipt of NC Spay/Neuter funds ($3,015); receipt of Arts Council donation for Kirby Rebirth project ($3,589); amend budget based on FY15 ROAP disbursement ($4,383); receipt of donation for library programming ($190); receipt of additonal Medicaid reimbursement funds ($196,062); fuel systems upgrade project ($3,500) at airport using available funds from existing federal airport grant (-$3,500). Budget 128Amendment 12

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141 AGENDA ABSTRACT Meeting Date: February 16, 2015 Agenda Title: Revisions to the Person County Animal Services Ordinance Summary of Information: This item was discussed at the Board s last meeting, on February 2, 2015 so this will be the second read for the proposed revisions to the Ordinance. Staff was requested to clarify the exemption for hunting dogs both during hunting season and during off seasons, as well as to determine whether the citations would be retained by the County or given to the schools. Article IX section 7 of the NC constitution provides as follows: "The clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal laws of the State, shall belong to and remain in the several counties, and shall be faithfully appropriated and used exclusively for maintaining free public schools." The Person County Animal Services Ordinance was updated and adopted by the Board of County Commissioners in May The Animal Services Advisory Committee has been working on developing this proposed language to allow the Animal Services Officers to issue to citations for violations of the Ordinance. These citations will not negatively impact the responsible pet owners of Person County, but they will create warnings and fines for irresponsible pet owners. This includes violations such as cruelty to animals, animals running at large, and not complying with the state law for rabies vaccinations. The Advisory Committee is not proposing new laws, rather a tool for enforcement of already existing laws. In addition, the Advisory Committee is requesting the implementation of rescue group offenses and resulting consequences as Appendix B to the Ordinance. This will improve operations at the Shelter by helping to enforce the rules for animal rescue groups wanting to pull animals from our shelter. The offenses are split into minor and major offenses and have corresponding penalties. The minor offenses include not following through on pulling the animal after committing to pull them and not adhering to the Rescue Group Procedures listed in Appendix B. While some major offenses include turning animals into other city or county shelters and not being a licensed rescue with the Department Agriculture. If approved, these revisions would become effective May 1, 2015 allowing time to educate our residents on responsible pet ownership and these new changes. Recommended Action: Adopt the revisions to the Person County Animal Services Ordinance if appropriate. Submitted By: Heidi York, County Manager and Ron Aycock, County Attorney 141

142 PERSON COUNTY ANIMAL SERVICES ORDINANCE The Person County Board of Commissioners is authorized under the provisions of G.S. 153A-121, 153A-153 and 153A-442 to adopt ordinances. SECTION 1: DEFINITIONS As used in this ordinance the following terms mean: A. Animal Services Officer: A county employee designated as Person County Animal Services Officer, Person County Animal Services official or other designations that may be used whose responsibility includes Person County Animal Services. B. Owner: Any person, group of persons, firm, partnership or corporation owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner is responsible for the care, actions, and behavior of his animals. C. Kennel, Dealer, Breeder, or Pet Shop: Any person, group of persons, partnership, or corporation engaged in buying, selling, breeding or boarding pet animals. D. At Large: Any animal shall be deemed to be at large when he is off the property of his owner and not under control of a competent person. E. Restraint: An animal is under restraint within the meaning of this ordinance if he is controlled by means of a chain, leash or other like devise; or, is secured within a vehicle being driven or parked; or, is within a secure enclosure. F. Spayed Female: Any female which has been operated upon to prevent conception. G. Neutered Male: Any male which has been operated upon to prevent reproduction. H. Animal Shelter: Any premises designated by the County for the purpose of impounding and caring for animals found running at large or otherwise subject to impoundment in accordance with the provisions of this ordinance. I. Exposed to Rabies: An animal has been exposed to rabies within the meaning of this ordinance, if it has been bitten by, or been exposed to any animal known or suspected to have been infected with rabies. J. Potentially Dangerous Dog: A dog that: 1. Inflicted a bite on a person either upon public or private real property 2. Killed or inflicted severe injury upon a domestic animal when not on the owner s real property

143 3. Approached a person when not on the owner s property in a vicious or terrorizing manner, or an apparent attitude of attack. K. Dangerous Dog: A dog that: 1. Without provocation has killed or inflicted severe injury on a person; or animal. 2. Is declared vicious by the Director of Person County Animal Services pursuant to N.C.G.S. 130A Is determined by the Director of Person County Animal Services to be dangerous and, after this determination, engages in one or more of the behaviors listed in subsection J of this section. L. Stray Dog or Cat: Any dog or cat, within the County wandering at large or lost and does not have an owner, or any dog or cat, within the County, whose owner fails to list animal for license purposes, or fails to have said dog or cat vaccinated against rabies by a veterinarian, or any dog or cat not wearing a collar and current rabies tag. M. Acts Deemed Public Nuisance: An act of public nuisance is defined as any animal that repeatedly chases snaps at, or attacks pedestrians, bicyclists or vehicles and also includes animals that turn over garbage pails, damages gardens flowers or vegetables. Public nuisance includes the owner permitting a female animal to run at large during the estrous stage of reproduction. N. Rabies Vaccination: the administration of rabies vaccine by a licensed veterinarian or by a certified rabies vaccinator. Rabies vaccines given by a certified rabies vaccinator are only valid for one year. Rabies vaccines given by a veterinarian are valid for one year to three years as determined by State Law. O. Animal: refers primarily to domestic cats and dogs unless provided for by state law. Domestic livestock is part of the jurisdiction of Person County Animal Services as set out by state law. Ferrets are included for the purpose of rabies vaccines. P. Proof of Ownership: Can include but is not limited to veterinary records, photos, registration papers, bill of sale, microchip or adoption contract. SECTION 2: DUTIES OF PERSON COUNTY ANIMAL SERVICES DEPARTMENT: The State laws regarding the care of animals will be enforced by the Person County Animal Services Department of Person County. The Person County Animal Services Department shall be further charged with the responsibility of: 143 2

144 A. Enforcing all State or County laws, ordinances and resolutions relating to dogs and cats, and the care, custody and control of animals. B. Aiding the Health Director to insure public safety and assisting in the enforcement of the laws of the State of North Carolina with regard to animals and especially with regard to vaccination of animals against rabies and the confinement or leashing of dangerous and potentially dangerous animals. C. Investigating animal cruelty, neglect or abuse. D. Making such canvasses of the county, including the homes in the county, as it deems necessary for the purpose of ascertaining that all dogs, cats and ferrets are vaccinated against rabies. E. Operating, pursuant to policies of the Board of County Commissioners; F. Maintaining a reference file of rabies vaccination all in accordance with the provisions of this ordinance and the policies of the Board of County Commissioners. SECTION 3: DOGS, CATS AND FERRETS MUST WEAR COLLAR AND RABIES TAG A. It shall be unlawful for any dog, cat or ferret owner to fail to comply with the State laws relating to the control of rabies. It shall be unlawful for any dog, cat or ferret owner to fail to provide any dog, cat or ferret he or she owns with a suitable collar or harness for the wearing of the rabies tag to be issued upon vaccination. B. The rabies tag is to be worn by said dog or cat at all times except as otherwise provided by State Law. Exceptions include but are not limited to performing at shows, obedience trials, tracking tests, field trials, training schools or other events sanctioned and supervised by a recognized organization and a hunting dog owned by a person who has a valid license to hunt in Person County or in the state of North Carolina and the dog is engaged on a hunt or training for a hunt and the dog has been vaccinated against rabies. Proof of rabies must be presented upon request of the Person County Animal Services Officer as required by the NC G.S. 130A-192. C. Unless proof of rabies vaccination is available, it shall be the duty of the Person County Animal Services staff to insure that any redeemed animal over the age of four months is vaccinated against rabies at the owner s expense before release and that a record be maintained of the vaccination. D. A dog, cat or ferret is subject to impoundment in accordance with the provisions of this ordinance if it is not wearing a current rabies tag or if the owner cannot furnish evidence of vaccination. E. It shall be unlawful for any person to use for any animal a rabies vaccination tag not issued for that animal

145 F. It is recommended that animals be micro-chipped in the event that the collar and tags are lost for identification purposes. G. It is the purpose of this ordinance to supplement the State law by providing a procedure for the enforcement of State laws relating to rabies control. SECTION 4: POSSESSION OF DOGS OR CATS It shall be unlawful for any person knowingly to harbor, feed, or keep in his possession, by confinement or otherwise, any dog or cat that does not belong to him unless he has: A. The consent of the owner or custodian of the dog or cat. B. If a dog or cat is not wearing tags, or other mode of identification indicating its owner, and is delivered to an animal shelter by; 1. A person who has found and captured the dog or cat. 2. By an approved rescue organization that received the dog or cat from a person who found and captured the dog or cat. 3. The Person County Animal Services shelter may, in writing, appoint the finder or approved rescue organization to be the agent of the Person County Person County Animal Services shelter. 4. For purposes of this subsection, the term approved rescue organization means a nonprofit corporation or association that cares for stray animals that has been favorably assessed by the Director of Person County Animal Services through the application of written standards. a. The finder or approved rescue organization shall hold the dog or cat for the 72-hour holding period. b. After the expiration of the applicable holding period, the shelter may: 1) Transfer the dog or cat to the person or organization that has held it as agent. 2) Extend the period of time the finder or rescue organization holds the dog or cat as agent of the shelter. c. The privilege to act as an agent for the shelter may be revoked during the holding period at any time by directing the finder or rescue organization to deliver the animal to the shelter

146 d. The city, county, or organization operating the animal shelter, as principal in the agency relationship, shall not be liable to reimburse the agent for the costs of care of the animal and shall not be liable to the owner of the animal for harm to the animal caused by the agent. e. During the 72-hour or longer holding period established an animal shelter may place an animal it is holding in foster care. f. If the Person County Animal Services shelter transfers physical possession of an animal under subsections of this section a photograph which depicts the head and face of the animal shall be displayed at the shelter in a conspicuous location that is available to the general public during hours of operation. This will remain posted for the 72-hour or longer holding period. Comments: Humane traps may be obtained from Person County Person County Animal Services on a first come first serve basis for domestic dogs or cats only. There will be a deposit fee. See Appendix A. SECTION 5: POSSESSION OF LIVESTOCK The Person County Animal Services Department shall enforce the applicable State Laws in reference to the care and possession of livestock. SECTION 6: RABIES VACCINATION AND CONTROL It shall be unlawful for an owner to fail to provide current vaccination against rabies for his dogs, cats and ferrets over the age of four months as required by State law. Should it be deemed necessary by the County Health Director or Board of County Commissioners that it is necessary for other animals to be vaccinated for rabies, the owner must insure they are vaccinated in order to prevent a threatened epidemic, or to control an existing epidemic. It shall be unlawful for an owner to fail to provide current rabies vaccination against rabies for those animals, provided that rabies vaccination is available for those species. A. Bite Cases: 1. Every animal which has bitten a human or domestic animal shall be confined immediately and shall be promptly reported to the Person County Animal Services Department. 2. The animal shall be securely quarantined under the direction of the Person County Animal Services Department for a period of 10 days, and shall not be released from such quarantine except by written permission from the Person County Animal Services Department. 3. The biting animal and its records of rabies vaccination shall be inspected by the Person County Animal Services Officer. The following policy will then be observed: 146 5

147 a. A properly rabies vaccinated dog, cat or ferret may be confined on the owner s premise provided that an Person County Animal Services Officer determines that the owner has an adequate means of confinement upon his own premises. The animal must be available for observation by the officer at any time during the 10 day period. b. A dog, cat or ferret not properly vaccinated against rabies, belonging to an owner, shall immediately be confined in a veterinary hospital or the county Animal Shelter at the expense of the owner for the 10 day confinement. The dog, cat or ferret shall not be vaccinated during confinement. c. At the end of 10 days, the animal must be vaccinated at the owners expense by a certified rabies vaccinator before release in addition to the other fees. d. A biting stray dog, cat or ferret shall immediately be confined in the County Animal Shelter for a 10 day period. Comments: Rabies vaccinations are available for some other animals through a licensed veterinarian. B. Surrender for Quarantine Required on Demand: It shall be unlawful for any person to refuse to allow an investigation by the Person County Animal Services Department upon demand, of any animal which has bitten a human, domestic animal or has been in an encounter with a suspected rabid animal. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required, when demand is made by the Person County Animal Services Department or the County Health Director. C. Rabies Diagnosed: If an animal dies or appears ill while under observation for rabies, then the head of such animal must be submitted to the State Public Health Lab to test for rabies. This method is the only approved way to diagnosis rabies. The body cannot be reclaimed. It must be disposed of by Person County Animal Services to protect public health. It shall be unlawful for any person to kill or release any animal under observation for rabies, any animal suspected of having been exposed to rabies, any animal which has bitten a human, or to remove such animal from the County without written permission from the Person County Animal Services Department and the County Director of Public Health. D. Emergency Quarantine and Procedure: When reports indicate a positive diagnosis of rabies, the local health director or the appointed acting agent may order an area wide quarantine within Person County for a period as he/she deems necessary. Each member of the Person County Animal Services Department, Police and Sheriff s Department is authorized during such quarantine, to 147 6

148 impound or after reasonable effort has been made to apprehend the animals to destroy the uncontrolled dogs and cats and properly dispose of their bodies. During the quarantine period, the Person County Animal Services Department or the local health authorities shall be empowered to provide a program of mass immunization by the establishment of temporary emergency rabies vaccination clinics strategically located throughout the County. When a township is under rabies quarantine, animals are not allowed to be adopted from Person County Animal Services during the period of rabies quarantine for six months if the animals have been impounded by reason of being a stray, unclaimed by the owner or surrendered without a current rabies vaccination. In the event there are additional positive cases of rabies occurring, the period of quarantine may be extended at the discretion of the local health director or an agent acting on his or her behalf. (NCGS130A-195) Comment: In the event of activities requiring rabies Quarantine of all or a portion of the County, the County Health Director may require greater enforcement activities to protect the public and to control an outbreak. E. Current Rabies Vaccination: Animals that are brought into this State unvaccinated shall immediately be securely confined and shall be vaccinated within one week. The animal then shall remain confined for two weeks after vaccination. An animal brought into this State accompanied by a certificate issued by a licensed veterinarian showing that the animal is currently vaccinated against rabies is not required to get a booster. See NC G.S.130a-193. Comment: North Carolina State rabies vaccination requirements are for cats, dogs and ferrets to have a one year rabies vaccine at four months of age. A booster vaccine is given one year later. Later booster vaccines are administered every three years thereafter if given by a licensed veterinarian. Vaccines given by a certified rabies vaccinator are only good for one year. The animal must be revaccinated at intervals as required by law throughout their lifetime. F. Exposed animals If an animal is bitten or exposed to a proven rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis, it shall be destroyed immediately by its owner, the County Person County Animal Services Officer, a law officer or licensed veterinarian unless the animal has been vaccinated against rabies in accordance with this Ordinance, the rules and regulations of the Person County Health Department and NC State Law more than 28 days prior to being bitten or exposed, and is given a booster of rabies vaccine within three days of the bite or exposure. It shall be unlawful for any person to fail to surrender said unvaccinated animal to the Person County Animal Services Department on demand for compliance with any protocol established by the Person County Health Director for handling of rabies exposure incidents. The carcass of any dead animal suspected of dying with rabies shall be reported to the Person County Health Department. If the Health Department deems it necessary, the animal s carcass shall be surrendered to the Person County Animal Services Department

149 The head of such animal shall be submitted to the Person County Health Department for shipment to the State Public Health Lab for testing. SECTION 7: POTENTIALLY DANGEROUS OR DANGEROUS ANIMALS The behaviors that can result in a dog being considered potentially dangerous or dangerous are listed in the definitions. A. The provisions of this Section do not apply to a dog being used by a law enforcement officer to carry out the law enforcement officer s official duties. A working dog will be handled in accordance with state law. A dog shall not be considered a dangerous dog under this Article if the injury inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort, was tormenting, abusing, or assaulting the dog, had been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime. B. The Director of Person County Animal Services must notify the owner of a potentially dangerous dog in writing giving the reasons for his determination that the animal is dangerous under this Section. The owner may appeal the determination of the Person County Animal Services Director by giving written notice of the appeal within 5 days of receiving this notification. Written notice of appeal should be sent to the Director of Person County Animal Services. The dog will be considered potentially dangerous pending the appeal. The appeal will be reviewed by the Person County Animal Services Advisory Committee within 2 weeks. The owner will be notified of the Committee s decision within 10 days. The committee s decision can be appealed to Superior Court within 10 days pursuant to NC G.S Chapter 10. C. It is unlawful for an owner to: 1. Leave a dangerous dog unattended on the owner s real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog. 2. Permit a dangerous dog to go beyond the owner s real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled. D. If the owner of a dangerous dog or a potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to the Director of Person County Animal Services, stating the name and address of the new owner of the dog and to the person taking possession of the dog; specifying the dog s dangerous behavior and the Director of Person County Animal Services determination. E. A dog that has been determined to be dangerous or potentially dangerous may be humanely destroyed in the following instances: 149 8

150 1. If the Director of Person County Animal Services determines that a dog that was previously determined to be dangerous or potentially dangerous either bit a person so as to cause a break in the skin or was at large on two or more separate occasions after such determination, the Director of Person County Animal Services may seek a court order that the dog to be humanely destroyed. 2. If the Director of Person County Animal Services in determining that a dog is dangerous or potentially dangerous also determines that the dog, without provocation, has killed or inflicted severe injury on a person, the Director of Person County Animal Services may seek a Court Order that the dog be humanely destroyed. F. A dog that has been determined to be dangerous or potentially dangerous may not be released from the animal shelter except to original owner. G. The owner or custodian of any dog that has been determined to be dangerous or potentially dangerous, shall report immediately to the Person County Animal Services Officer if the dog gets loose or is otherwise unconfined or it attacks a person or another animal. H. An Person County Animal Services Officer shall inspect the premises where a dog determined to be dangerous is kept to insure it conforms to the requirements of this ordinance. I. If an animal is observed engaged in any of the acts identified as a public nuisance as defined in the definition section of this ordinance, and an official complaint is filed and the owner, if known, is notified the owner is required to keep said animal contained. Each day said animal is not contained, constitutes a separate violation of this ordinance and the owner shall be so charged with violation of this ordinance. SECTION 8: NOISY DOGS It shall be unlawful for the owner or custodian of any dog to allow it to bark, whine, howl, or make any other noise for a protracted period so as to result in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises. SECTION 9: PUBLIC NUISANCE It shall be unlawful for the owner or custodian of any domestic animal to repeatedly chase, snap at, or attack pedestrians or vehicles or to turn over garbage pails, damage garden flowers or vegetables. It shall also be unlawful for the owner or custodian to permit a female animal to run at large during the estrous stage of reproduction. SECTION 10: INJURING ANIMALS, NOTICE REQUIRED It shall be unlawful for any person to injure a domestic animal by running over, into, or coming into contact with animal, by automobile, motorcycle, bicycle, or other vehicle and fail to notify immediately, the owner of the animal or Emergency Communications for the appropriate response

151 SECTION 11: CRUEL TREATMENT It shall be unlawful for any person to tease, bait, molest, torture, deprive of necessary sustenance, or cruelly beat, mutilate or kill, wound, injury, poison, abandon or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The words torture, or cruelly shall be held to include every act omission or neglect whereby unjustifiable physical pain, suffering or death is caused or permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer and other game for human food nor to prohibit the lawful trapping of game pursuant to the provisions of the NC General Statues and the regulations of the Wildlife Resources Commission; nor to prohibit the Person County Animal Services Department or their agents or veterinarians from destroying dangerous, unwanted or injured animals in a humane manner. SECTION 12: MANNER OF KEEPING AND TREATING ANIMALS GENERALLY In accordance with State Laws any person must provide domesticated animals with adequate shelter, proper food, adequate water and space in accordance with the standards set out in subsections A-C below. In addition, the provisions of subsections D and E shall apply to dogs and cats and sick or injured animals. A. Adequate shelter means provision of and access to shelter that is suitable for the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables each animal to be clean and dry, except when detrimental to the species; and for dogs and cats, provides a solid surface, resting platform, pad, floor mat, or similar device that is large enough for the animal to lie on in a normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or slat floors: (i) permit the animals feet to pass through the openings; (ii) sag under the animals weight; or (iii) otherwise do not protect the animals feet or toes from injury are not adequate shelter. B. Provide proper food and adequate water means provision of and access to clean, fresh potable water of a drinkable temperature that is provided in a suitable manner, in sufficient volume, and at suitable intervals appropriate for the weather and temperature, to maintain normal hydration for the age, species, condition, size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting normal for the species; and is provided in clean, durable receptacles that are accessible to each animal are placed so as to minimize contamination of the water by excrement and pests or an alternative source of hydration consistent with generally accepted husbandry practices. C. Adequate space means sufficient space to allow each animal to: (i) easily stand, sit, lie, turn about, and make all other animal body movements in a comfortable, normal position for the animal; and (ii) interact safely with other animals in the enclosure. When an animal is tethered adequate space means a tether that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal

152 or tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately restricting movement of the animal according to professionally accepted standards for the species is considered provision of adequate space. D. Dogs and cats must not be in extended contact with wet surroundings. E. Sick or injured animals: 1. Where an illness has affected the quality of life or is life threatening shall be taken to a licensed veterinarian and treatment administered or humanely euthanized within a 24 hour period. 2. Diseased animals that are contagious to other animals or humans should be quarantined in an area that can be properly disinfected. They shall be treated until determined to no longer be contagious or humanely euthanized. 3. Diseased animals that are contagious to humans shall be reported to the state veterinarian and treated as directed by the state and local veterinarians. 4. Animals infested with parasites shall be treated along with the environment as to avoid re-infestation. 5. Injured animal with an open wound that exposes deeper tissue, fractured bones, or persistent pain caused by soft tissue damage, should be treated by a veterinarian, or humanely euthanized. The provisions above are in accordance with State Laws for each type of animal under the jurisdiction of Person County Animal Services. It is recommended that animals have adequate vaccination against disease, according to the species of the animal. See Appendix A. Animals are required to be on the owner s property and under control at all times. The City of Roxboro requires animals to be on a leash or physically restrained. SECTION 13: IMPOUNDING ANIMALS Any animal which appears to be lost, stray or unwanted, or which is found not wearing a current valid rabies vaccination tag as required by State law, shall be confined in the Animal Shelter in a humane manner for a minimum of (3) business days, for redemption by the owner and a maximum of 15 business days for adoption. Animals may be redeemed once it is established to the satisfaction of the Person County Animal Services Director that it has been vaccinated against rabies. If the animal has not been vaccinated against rabies, the animal will be vaccinated before release at the owner s expense. The owner will be given a date by which the vaccine must be given to any animal under 4 months. (Refer to section on Rabies control) A. Sale or Destruction: If an impounded animal is not redeemed by the owner within three (3) business days, it becomes the property of the county. As such it may be offered for adoption, placed with a rescue group or humanely euthanized by the Person County Animal Services Department. Animals that are sick injured, from a quarantine area, being held for legal reasons or a danger to the public will not be available unless provided for elsewhere in this ordinance

153 Animals may be humanely euthanized in order to comply with regulations governing space requirements when there is insufficient space and that situation will be noted on the records. B. Adoption: The animal can be adopted by any responsible adult who is willing to comply with the Person County Animal Services ordinances and the conditions of the adoption contract. Identification will be required. The adoption fees and spay/neuter deposit must be paid at the time of adoption. (See Appendix A) C. Notifying Owner: Immediately upon impounding an animal, the Person County Animal Services Department will make reasonable efforts to notify the owner, and inform such owner of the conditions under which the animal may be reclaimed. D. Animal Rescue Organizations: It is the county s policy to make animals available to organizations in order to attempt to find homes for as many animals as possible, reduce euthanasia rates and for all organizations that care for homeless animals to work together to provide the greatest opportunity for adoption without prejudice towards organizations that are forced to euthanize animals. It is further the County s policy to foster a community cooperative approach to reducing pet overpopulation with all shelters and rescue groups working together to place all healthy, adoptable animals with families in their community. Animal protection and rescue organizations that possess an IRS Code section 501 designation and meet the requirements of Appendix B shall have the right to obtain possession of any animal in the possession of the County set out in this ordinance except for animals which are rabid or suspected to be so, necessary for criminal or civil judicial purposes, necessary for the disposition of law enforcement investigations, required to be held or disposed of to protect the public health or safety of the citizens of the county or ordered to be held or disposed of by a court of competent jurisdiction. In making animals available to organization as provided for in this subsection, the County does not warrant the physical condition or disposition of any animal. The organization obtaining animals hereunder shall be responsible for any and all damages and injuries sustained by any person or animal on account of such animals and shall hold the County harmless for any claims of damages and injuries sustained by any person or animal on account of such animals. (Refer to Appendix B for guidelines and information for animal rescue organizations who want to take possession of an animal at the shelter.) E. Intact Dogs and Cats: The Person County Animal Services Department shall require that at the appropriate age all dogs and cats adopted from the Animal Shelter be spayed or neutered. The owner must provide proof from the vetererian that surgery has been completed. F. Suspected Rabies: Animals impounded which have been bitten by a rabid animal or which the Person County Animal Services Officer has reasonable grounds to suspect has been exposed to a suspect rabid animal, or appear to be suffering from rabies shall not be redeemed or adopted, but shall be dealt with as provided in Section 6 entitled Rabies Vaccination and Control of these Ordinances. Unvaccinated animals from a rabies quarantine area cannot be released. Comments: When quarantine for County has been activated, no animals will be released from the shelter, unless it has a current rabies vaccination

154 G. Unwanted Animals: If an animal is officially surrendered by the owner to the Person County Animal Services Department, it may be offered for adoption, placed with a rescue or humanely euthanized without waiting three (3) days if the owner provides proof of ownership. If animal is sick or injured, the animal will be euthanized humanely without a waiting period. H. Diseased or Injured Animals: Any animal impounded which is badly wounded or diseased (not a rabies suspect) and has no identification shall be humanely euthanized immediately. If the animal has identification, the Person County Animal Services Department will attempt to notify the owner before the animal is euthanized, but if the owner cannot be reached, and the animal is suffering, the Person County Animal Services Department may euthanize the animal at its discretion, in a humane manner. I. Feral Animals: The Person County Animal Services Director is primarily responsible for public health including the employees of the Person County Animal Services Department. If it is determined that there is a danger to people to hold an animal for three days, the animal may be humanely euthanized without a waiting period. SECTION 14: RECLAIM AND ADOPTION PROCEDURE FOR IMPOUNDED ANIMALS Every person must provide proof of rabies vaccination at the time of reclaim or the animal will be vaccinated by a certified rabies vaccinator at the owner s expense. If not four months of age at the time of reclaim, owner must provide proof of rabies vaccination when animal reaches four months of age. A. Reclaim Procedure 1. The owner shall be entitled to reclaim his animal, except as provided for in this ordinance, upon compliance with the provisions of this ordinance and the payment of shelter fees incurred. In addition to the reclaim fee, a holding fee per day must be paid before animals may be reclaimed. A rabies vaccine shall be administered at the shelter before the animal can be reclaimed unless the owner provides proof of a current rabies vaccine. Owner will be charged for this rabies vaccine. A list of fees is found in Appendix A. 2. If the dog or cat is under four months, the owner will be given a proof of rabies vaccination card at the time of the reclaim. This will include the date stating the time limit allowed to have the dog or cat vaccinated for rabies. The owner must provide proof of the rabies vaccine and submit a copy to Person County Animal Services. If this is not returned to Person County Animal Services within the time limit, a Person County Animal Services officer will be dispatched to retrieve the dog or cat and the owner can be cited for violation of state law. B. Adoption Procedure 1. All animals will be vaccinated against rabies before leaving the shelter unless they are under four months of age. Rabies vaccines that are given by a certified rabies vaccinator are for one year only

155 2. Adoption fee covers age appropriate vaccinations and will be paid at the time of adoption. 3. There will be a spay/neuter deposit for all animals adopted from the shelter unless already spayed/neutered. This deposit will be returned once the proof of sterilization has been returned unless have opted for voucher. The sterilization must be completed within 30 days if the animal is 6 months of age or older. If the animal is under six months, a date will be set and listed on the adoption papers. In order to receive a refund of the deposit, surgery must be done by the date set unless there is a documented medical reason to delay surgery. (See Appendix C) 4. Documentation from a veterinarian will be required for any spay/neuter deposits to be returned. Comments: For a list of these fees, see Appendix A. SECTION 15: EXEMPTIONS Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this ordinance except for the sections on cruel treatment and the manner of keeping animals as per state law. SECTION 16: INTERFERENCE It shall be unlawful for any person to interfere with a member of the Person County Animal Services Department or Person County Animal Services Officers or Veterinarians in the performance of any duty authorized by this ordinance, or to seek to release any animal in the custody of said agents. SECTION 17: RECORDS It shall be the duty of the Person County Animal Services Department to keep accurate and detailed records of: A. Impoundment and disposition of all animals coming into the Person County Animal Services; B. Bite cases, violations, and complaint investigations; C. All monies belonging to County which were derived from impoundment fees, penalties and adoption of animals; D. All other records deemed necessary by the County Manager and/or State law. SECTION 18: FEES Fees shall be charged in accordance with schedule of fees adopted from time to time by the Person County Board of Commissioners. (See Appendix A)

156 SECTION 19: PENALTIES This ordinance may be enforced by any and all of the procedures set out below: A. Under authority of NC G.S. 153A. 123 (b) violation of this ordinance is a misdemeanor punishable by a fine and/or imprisonment for not more than thirty days. B. The Animal Services Officer may institute an action for injunctive relief and an order of abatement as provided for in NC G.S. 153 A-123 (e) for any condition found unlawful in this ordinance. C. The Animal Services Officer may also enforce this Ordinance by issuing a Notice of Civil Penalty pursuant to NC GS 153A-123(c). 1) The Civil penalties provided for herein shall be as set forth in the schedule of fees and penalties adopted from time to time by the Person County Board of County Commissioners. Such Civil Penalties shall be in addition to, and not in lieu of, the Criminal penalties and other remedies provided by this Ordinance or by State law. The animal services officer shall be authorized to issue a citation to the person(s), violating this ordinance and shall give notice of the violation in the manner prescribed below. Citations so issued may be delivered in person or mailed by registered or certified mail, return receipt requested, to the person charged. The civil penalty or penalties set forth in the citation must be paid within seventy-two (72) hours of the receipt of the citation and shall be paid to the Animal Services Department. The Animal Services Department shall forward all such penalties collected to the Finance Office for the County of Person for application as by law provided. 2) If the person charged fails to pay the civil penalty within seventy-two (72) hours from the time the citation was issued an additional civil penalty as provided for in the schedule of fees and penalties shall be assessed. 3) Such civil penalties may be recovered by Person County in a civil action in the nature of debt or may be collected in such other manner as prescribed herein. 4) Such notice shall, among other things: a) State upon its face the amount of the penalty, and b) Provide that such offender may answer the said notice by mailing said notice, and paying the stated penalty to the Person County Animal Services Department at its mailing address stated in the notice or by making payment to the Person County Animal Services Department directly and that upon payment, such case or claim and right of action by Person County will be deemed compromised and settled, and c) State that such penalties must be paid within seventy-two (72) hours from issuance of such notice, and d) State that if such notice of violation is not paid within said seventy-two (72) hour period, civil action to recover the debt may be instituted to include but not be limited to the debt collection procedures of NC GS Chapter 105A Setoff Debt Collection Act, ( interception of state income tax refunds), and

157 e) State that the Person County Animal Services Department is authorized to accept such payments in full and final settlement of the claim or claims, right or rights of action which Person County may have. Acceptance of such penalty shall be deemed a full and final release of any and all such claims, or rights of action arising out of such contended violation or violations, and D. Each day of continued violation of this ordinance is a separate and distinct offense as provided for in NC G.S.153A-123(g). SECTION 20: PERSON COUNTY ANIMAL SERVICES DEPARTMENT The Person County Animal Services Department of Person County, as created the 21 st day of April, 1981, shall be composed of such positions as shall be determined by the Board of County Commissioners. The said employees shall be hired and compensated in accordance with the Person County Personnel Policy. SECTION 21: ADVISORY COMMITTEE An Advisory Committee shall advise the Board of County Commissioners and the County Manager with respect to Person County Animal Services matters. The Advisory Committee is composed of members appointed by the Board of County Commissioners to serve at the pleasure of said Board. SECTION 22: SEVERABILITY If any section or part of this ordinance should be held invalid for any reason, such determination shall not affect the remaining sections or parts, and to that end the provisions of this ordinance are severable. SECTION 23: EFFECTIVE DATE This ordinance shall become effective the 1st day of May 2015 and supersedes any previous versions of the ordinance. Adopted, this, the 16 th day of February Kyle Puryear, Chairman Person County Board of Commissioners Date

158 Appendix A Fees Adoption Fees Adoption Fee - includes age appropriate vaccinations $25.00 Deposit required for unaltered animal $75.00 (Deposit will be refunded if completed before the deadline that is stated on adoption contract) Reclaim Fees 1st Offense Reclaim $ nd Offense Reclaim (in one year period) $ in one year period, reclaim fee per offense $ Regular holding per night $5.00 Quarantine holding per night $10.00 Rabies Vaccination $8.00 (if unvaccinated or no proof of vaccination) Animal Pick Up Fees Pick up litter of puppies or kittens $25.00 Pick up injured or sick dogs and cats $25.00 Rescue Pull Fees Rabies Vaccination (4 months old or older) $ way vaccine $6.00 Rabies Clinic Rabies Vaccination (Times to be announced) $8.00 Trap Deposit Cat or Dog Trap $25.00 Citation Violation Fees No current or displayed Rabies Tag $50.00 Permitting a dog to run at large $50.00 Allowing a female "in heat" to run at large $ Cruelty to animals $ Interfering with an Animal Services Officer $ Not surrendering animal for quarantine $ Nuisance $ Leaving a dangerous dog unattended unless confined indoors $ or in securely enclosed and locked pen 158

159 Appendix B Rescue Group Procedures The purpose of this policy is to establish standard operating procedures for Person County Animal Services and all rescue groups that wish to pull animals from Person County Animal Shelter. In making animals available to organizations, the Person County Animal Service's goal is to improve the lives of animals in our county. In order to attempt to find homes for as many animals as possible and reduce euthanasia rates, all organizations that care for homeless animals must work together to provide the greatest opportunity for adoption without prejudice towards organizations that are forced to euthanize animals. A community cooperative approach to reducing pet overpopulation is the goal with all shelters and rescue groups working together to place all healthy, adoptable animals with families in their community. Animal protection and rescue organizations that possess an IRS Code section 50 I designation and meet the requirements of Appendix B shall have the right to obtain possession of any animal in the possession of the County set out in this ordinance except for animals which are rabid or suspected to be so, necessary for criminal or civil judicial purposes, necessary for the disposition of law enforcement investigations, required to be held or disposed of to protect the public health or safety of the citizens of the county, or ordered to be held or disposed of by a court of competent jurisdiction. As provided for in this subsection, the County does not warrant the physical condition or disposition of any animal. The organization obtaining animals hereunder shall be responsible for any and all damages and injuries sustained by any person or animal on account of such animals and shall hold the County harmless for any claims of damages and injuries sustained by any person on account of such animals. 1. Rescue groups wishing to rescue animals must be a non-profit organization with 501 paperwork. Each rescue group must submit a copy of its 501 papers and a list of agents authorized to pick up animals from the Person County Animal Shelter. 2. All rescue groups must have an application approved by the Person County Animal Services Director (hereinafter "Director"). A rescue application may be denied by the Director, in which case he/she will send an explanation for the denial in writing. 3. Person County Animal Services will notify an applying rescue group of the approval or denial of its application and will do so within 10 business days of the receipt of the application. 4. In the event a rescue group's application is denied, the group may appeal the decision to the Animal Services Advisory Committee. The Committee will meet within 2 weeks and notify the group of its decision within 10 days after that meeting. If the Committee overturns the denial, the application will be forwarded to the Director, and will be signed by the Chairperson of the Committee signifying approval of the application

160 5. A rescue group may have its privileges to pull animals from Person County Animal Shelter suspended by the Director. The Director will notify the Animal Advisory Committee. The Committee will meet within 2 weeks to review the suspension. The Animal Services Advisory Committee will notify the suspended rescue group within 10 days after that meeting of its decision. The guidelines for rescue groups are as follows: 1. Adherence to animal pull procedures which include date and time limits. 2. Cordial interaction between all parties. 3. Not violating any of the other rules or provisions provided herein. 4. All rescue groups are to make arrangements to pull all animals they intend to rescue prior to the day the animals is scheduled for euthanasia. 5. All rescues are to be coordinated through the Rescue Coordinator. 6. All animals will be held at the Person County Animal Shelter for the mandatory 72 hours impoundment period after arriving at the shelter, and no animal is to be released prior to the expiration of this time. (Except as outlined in Section 4 of the Person County Animal Services Ordinance.) 7. The adoption agent will have 1 st choice of animals that are in holding. If an animal is placed in adoption and does not get adopted, the rescue group will be notified that they may pull the animal. 8. Animals can be tentatively reserved while they are in the holding. The following information needs to be directed to the Rescue Coordinator: Intake number, cage number, brief description to be sent to the Rescue Coordinator by or by a written notice. Rescue Coordinator must be notified by 4:00 p.m. on day before animal is due to be released from holding. Example: Hold Until Date 7/2/10 Notify Rescue Coordinator no later than 4:00p.m. on 7/1/10 9. You will be notified if the animal you reserved is put up for adoption, has been adopted, reclaimed or has become ill. If it is in the best interest of the animal due to unforeseen issues, the animal will be humanely euthanized before you are notified. If a qualified potential adopter and a rescue group are interested in the same animal, the adopter will be given preference according to NC G.S.l30A- 192(al)

161 10. If a rescue group reserves an animal, Person County Animal Shelter will place the animal in the rescue holding cages and will place a card on its cage stating the name of the group and the date by which the animal will be pulled by the rescue group. 11. Age appropriate vaccinations will be given upon request to animals when they are moved to Rescue Holding. Rescue Groups will be responsible for the cost of the vaccinations which will be billed on a monthly basis. See Appendix A for cost. 12. A rescue group's request to reserve an animal may be denied at the discretion of the Director. 13. Rescue group members are not allowed to euthanize or medicate animals at the Person County Animal Shelter. 14. Before leaving the Person County Animal Shelter with any animal, a rescue group member must notify a shelter employee. 15. Animals that have been reserved can be picked up during normal business hours. 16. Rescue groups must have procedures for sterilization of the animals that they adopt out. 17. Any questions regarding the animals will be directed to the Rescue Coordinator. If the coordinator is not available, the questions should be submitted in writing

162 Rescue Group Offenses Minor: Not following Rescue Group Procedures listed in Appendix B of the Animal Control Ordinances. Not following through after tagging pets for rescue. Offenses First Offense: written warning Second Offense: suspension of 30 days Third Offense: suspension of 90 days Fourth Offense: suspension of 180 days Major: Using a 501c3 IRS designation that is not current. Not adhering to state and federal animal welfare and cruelty laws. Not making sure all pets pulled by rescue are spayed/neutered as required. Not licensing rescue with the Department of Agriculture if required (more than 9 rescue pets in any foster home.) Pulling from the Shelter and then turning into other city or county-run shelters. Negative interaction with shelter as to cause disruption of normal everyday functions at shelter Offenses: First Offense: suspension of 30 days, 1 year probation* Second Offense: suspension of 90 days, 1 year probation* Third Offense: suspension of 180 days, 1 year probation* Fourth Offense: suspended indefinitely *Rescue Groups on probation, if violate their probation will be suspended for 1 year Redemption Rescue Groups with previous offenses who go 5 years with no additional offenses can have their record cleared and will be restored to a clean record status. Procedures for implementation of offenses to Rescue Groups: Minor Offenses: as better defined in the Rescue Groups Procedures, Appendix B (attached to the Person County Animal Services Ordinances, Rescue Group will be sent a letter from PCAS Director and Director to notify PC Advisory Committee. Major Offenses: PCAS Director to notify PC Advisory committee and Committee to meet within 2 weeks to review. Rescue Groups may appeal the Director s decision by notifying PC Animal Advisory Committee and will be invited to the next scheduled Committee meeting. PC Animal Advisory committee will render a decision and notify the Rescue Groups within 10 working days of that meeting as to their decision

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168 AGENDA ABSTRACT Meeting date: February 16, 2015 Agenda Title: Volunteer Fire and Rescue Capital Funding Options Summary of Information: Presenting two possible capital funding options for the Volunteer Fire and Rescue Agencies: Revolving Loan Program Capital Reserve Program Discussion will include a summary of the structure, funding elements, benefits, concerns, and on what basis the funds would be distributed. If either program is chosen, staff will prepare a formal Policy and Resolution for the next meeting that will include the authority necessary to transfer remaining funds from the existing Revolving Loan Program for Small Business Development ($181,246) to the new approved fire and rescue capital program. Recommended Action: To direct staff on which capital program (if either) to implement beginning for FY Submitted By: Amy Wehrenberg, Finance Director 168

169 1 Revolving Loan Program Offers 0% interest loan as additional source of funding to VFD s & Rescue Squad for vehicle/equipment capital to be paid back over a specified term Available funding for first year? Existing $181K from existing RLP for Small Business Loans General Fund In order for the loan program to continue, additional funds will be needed each year; minimum level to be established Other term options?: Required match, loan thresholds, loan fees, payback terms, penalty payment, required documents, review process, etc. Many decisions to be made under this program to address the risk that loans entail for both the lender and borrower 169

170 2 Revolving Loan Program (cont.) Funding limitations: depends on availability of funding, eligibility determination, and amount of loan(s) issued Some agencies have already confirmed ineligibility for program Addresses larger, critical capital needs for select and financially solvent fire and rescue agencies Agencies may not be able to apply for large amounts if it jeopardizes thresholds established by the State for other grant funding Loan process: average 3 month timeframe for being able to disburse funds 170

171 3 Capital Reserve Program Offers additional source of funding to VFD s & Rescue Squad for vehicle/equipment capital with no payback requirement; distributed on a request/justification basis Available funding for first year? Existing $181K from existing RLP for Small Business Loans General Fund A consistent funding stream would provide for a better planning tool for both the County and the agencies receiving the capital. Funds would be appropriated similar to the operational funds (based on # of stations in each fire district); General Fund only source of funding after first year Remaining funds from less than 100% requested allocations would roll forward to the next year, to be added to Board approved funds 171

172 4 Capital Reserve Program (cont.) Flexibility to plan ahead for larger capital needs, as well as address their most critical needs per year Prevents a department from waiting 5+ years for capital support (old Capital Rotation Program) Avoids cumbersome and lengthy loan process; average timeframe for disbursing funds is 1 month Limits funding streams to come under required thresholds set by the State for grant opportunities Can contribute to lowering fire insurance rating, reducing the homeowner s insurance cost for residents in those districts. 172

173 5 Program Comparison Summary Revolving Loan Program Offers 0% interest loan for specified term Provides larger amount to eligible agency Funding sources are General Fund & debt pyts Distributed on request & eligibility basis Average timespan to disburse funds: 3 months Capital Reserve Program Offers capital support with no payback requirement Provides a smaller prorata portion to all agencies Funding source is General Fund only Distributed on request & justification basis Average timespan to disburse funds: 1 month 173

174 174 QUESTIONS?

175 AGENDA ABSTRACT Meeting Date: February 16, 2015 Agenda Title: Request for Special Use Permitting Policy at specific Recreation, Arts, and Parks Facilities and Person County Museum Grounds and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property Summary of Information: The Person County Recreation Advisory Board (RAB) is requesting consideration for Special Use Permitting of Alcohol Beverages for specific rental facilities and performance venues. At the February 4, 2015 meeting the RAB voted unanimously to bring the request back to the Person County Board of Commissioners to reconsider the proposed Special Use Permit/Policy and Revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property. The Recreation Advisory Board is requesting consideration from the Board of Commissioners to adopt the Special Use Alcohol Permit/Policy and the revised Person County Ordinance Regulating Possession or Consumption of Malt Beverages or Fortified Wine on County Property for specific facilities including: DESIGNATED BOUNDARIES. 1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage. 2. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building. 3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community Gallery (Hallway) and main theatre seating area (both upstairs and downstairs). 4. Person County Museum Grounds within the museum and no further than 50 feet from the property line. Recommended Action: Review, Discuss, and Vote for approval for the following policies and ordinance: 1. Special Use Alcohol Permit and Policy for Specific County Recreation Facilities. 2. Person County Ordinance of Alcohol Beverages on County Property (Revised). Note: A Public Hearing is not required for adoption of the proposed ordinance. The Board of Commissioners may call for a public hearing to be scheduled, if desired. If a public hearing is not held for public comments, adoption at first reading must be by unanimous vote. If not unanimous, a second reading will take place at the Board s next regular scheduled meeting to which a majority vote will rule. Submitted By: John Hill, Director of the Recreation, Arts, and Parks & Donald Long, Chairman of the Recreation Advisory Board 175

176 An Ordinance Regulating Possession Or Consumption Of Malt Beverages Or Unfortified Wine On County Property Whereas, N.C.G.S. 18B-300 authorizes a county to regulate or prohibit the possession or consumption of malt beverages or unfortified wine on property owned, occupied or controlled by that County; and Whereas, in May of 2008 the Person County Board of County Commissioners enacted an ordinance which prohibited use or consumption of malt beverages or unfortified wine on all property owned, occupied or controlled by Person county, and Whereas, The Person County Board of County Commissioners desires to prohibit the possession or consumption of such malt beverages or unfortified wine on most property owned, occupied or controlled by the County and to regulate the use of such beverages on other property. Now, Therefore Be It Ordained by the Person County Board of County Commissioners: Section 1- The ordinance adopted on May 19 th 2008 prohibiting the possession or consumption of malt beverages and unfortified wine on County property is hereby repealed. Section 2- No person shall possess open containers or consume malt beverages or unfortified wine on property owned, occupied or controlled by Person County except in those locations specified below and in accordance with an approved Person County Permit and a North Carolina State Alcohol Beverage Permit: a. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage, and b. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building, and c. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community gallery (Hallway) and main theatre seating area (both upstairs and downstairs), and second floor galleries, studio/event rooms, and reception areas, and d. Person County Museum Grounds within the museum and no further than 50 feet from the property line. 176 Page 1 of 2

177 Section 3- Definitions. The definitions of malt beverages, unfortified wine and open containers shall be as defined in Chapter 18B of the North Carolina General Statutes. Section 4- Penalties. Violations of this ordinance shall be a misdemeanor as provided for in N.C.G.S Adopted this the day of, Kyle Puryear, Chairman Person County Board of Commissioners Attest: Brenda B. Reaves, NCCCC, CMC Clerk to the Board 177 Page 2 of 2

178 PARKS AND RECREATION FACILITIES SPECIAL USE ALCOHOL PERMIT The consumption of malt beverages and unfortified wines is ONLY allowed at the following locations with approved Person County Permit and North Carolina State Alcohol Beverage Permit: 1. Mayo Park Amphitheater (See Designated Boundaries) 2. Mayo Park Environmental Community Center (See Designated Boundaries), 3. Kirby Cultural Arts Complex 4. Person County Museum Grounds Facilities as evidenced by a permit approved by the Recreation, Arts, and Parks Director. If permitted to serve malt beverages and/or unfortified wines, certain activity/space restrictions may be enforced. Person signing as the Responsible Party is responsible for any and all types of liability related to this event. NAME OF APPLICANT / RESPONSIBLE PARTY NAME OF GROUP (IF APPLICABLE) STREET ADDRESS: CITY STATE: ZIP CODE: DAY TELEPHONE: EVENING TELEPHONE: CELL PHONE: REQUESTED PARK FACILTY: FROM: TO: 178

179 DATE REQUESTED: HOURS OF USE: DESCRIPTION OF RENTAL: (In detail, attach additional information if needed): TYPE(S) OF ALCOHOL TO BE SERVED (Beer or Wine): HOW DO YOU PROPOSE TO SERVE THE ALCOHOL? (i.e. plastics cups, glass, bottle, cans, keg, etc.) Quantities of Alcohol to be served (see regulations 5, 6, 7, 8) Will bartenders be used / employed? Yes No If yes, are they certified? Yes No If yes, attach a copy of certificate b. If yes, are they from an agency? Yes No AGENCY NAME: AGENCY CONTACT PERSON: AGENCY ADDRESS: AGENCY PHONE NUMBER: Will alcohol be sold? Yes No Will donations be taken to defray costs? Yes No Will there be a fee paid to purchase a ticket to this event? Yes No IF YES TO ANY OR ALL, a copy of the ABC Board permit will be required no later than 7 calendar days in advance of the event s beginning time. (According to ABC Regulations, to sell by one of the above methods, you must be a non-profit group [501 (c) 3]. Individuals may not obtain one.) The cost is $50 and the ABC Board must have their application at least three weeks prior to the event. Certificate of 501(c) must be provided with this application. ABC Board phone number:

180 EXPECTED NUMBER OF ATTENDANTS / GUESTS AGE 21 OR OLDER: EXPECTED NUMBER OF ATTENDANTS UNDER 21: PERSON COUNTY RESERVES THE RIGHT TO REQUIRE OFFICIALLY SWORN CITY OF ROXBORO POLICE OFFICERS OR PERSON COUNTY SHERIFF DEPUTY TO BE ON DUTY FOR EVENTS EXPECTING 150 OR MORE GUESTS. It is the responsibility of the rental group to pay for the sworn officers cost in addition to the rental fee. The number of officers required will be determined by the Person County Recreation, Arts and Parks Department along with the advisement of the Roxboro Police Department and/or Person County Sheriff Department is based on the rental description and event (generally 1:150 persons). Officers are not allowed to be in the room where alcohol is being served. They will remain in close proximity just outside the area where the alcohol is being served. Officers will take no part in the serving of alcohol, including determination of intoxication. Should their services be needed because of a disturbance or the like, the officer s presence must be requested. Please make sure the information above is as accurate as possible, as providing incorrect information will cause this permit to be null and void. The names and correct phone numbers of the officer(s) will be required no later than 7 calendar days in advance of the event s beginning time. ACKNOWLEDGMENTS: Carefully read and initial each statement below: I am familiar with and hereby agree to abide by all state, county and city regulations governing the transport, sale, and distribution of alcoholic beverages while using Person County owned property and/or premises. I hereby acknowledge that no Person County Government employee, while on duty/work time will engage in the serving of alcohol in connection with this permit. I hereby acknowledge that no guest or attendee of the function to which this permit applies will be served alcohol while intoxicated. I hereby acknowledge that adequate precaution has been taken to insure that intoxicated guests or attendees will be identified and prohibited from operating motor vehicles. EQUAL OPPORTUNITY: Person County Recreation, Arts, and Parks Department does not discriminate on the basis of race, color, national origin, sex, religion, age, sexual orientation or disability in employment opportunities or the provision of service, programs or activities. A participant alleging discrimination on the basis of any of the aforementioned areas may file a complaint with the Director of the Person County Recreation, Arts, and Parks Department or the Office of Equal Opportunity, US 180 3

181 Department of the Interior, Washington, D.C Failure to provide full disclosure of the requested information may be grounds for denial of an activity permit. The Applicant / Responsible Party herein affirms that he/she has read and understands the statements and disclosures made in this form, that the information disclosed herein is true and correct to the best of his/her knowledge and belief, and that all acknowledgments herein, including the attached Release and Indemnification Agreement, were provided by the undersigned while under oath. This the day of, 20. (SEAL) Signature of Applicant / Responsible Party Printed Name Title / Position Sworn to and subscribed before me this the day of, 20 Notary Public My Commission Expires: 181 4

182 RELEASE AND INDEMNITY AGREEMENT WHEREAS, the undersigned has requested the use of services, equipment, or facilities belonging to or under the auspices of Person County Government, North Carolina, and do engage in activities for the exclusive benefit of the undersigned; and WHEREAS, the Person County Government is not liable for any damages arising from personal injury or property damage sustained thereby; NOW, THEREFORE, In consideration of the mutual promises and other good and valuable consideration, the undersigned does hereby for himself, his heirs, executor, employers, successors or administrator, and personal representatives: A. Assume full responsibility for any personal injury or any damage to his/her personal property which may occur directly or indirectly in the course of (fully describe the activity/rental and date of occurrence) B. Fully and forever release and discharge Person County Government, its agents, officials, and employees, from any and all claims, demands, damages, rights or action, or causes of action, present or future, whether the same be known, anticipated or unanticipated, resulting from or arising out of the above described activity/rental. C. Agree to fully indemnify Person County Government for any costs, expenses or damages incurred as a result of any personal injury or property damage resulting from or arising out of the above described activity/rental, such costs to include reasonable attorney fees. D. Agree that it is the intent of the undersigned that this RELEASE AND INDEMNITY AGREEMENT shall be in full force and effect any time after the execution hereof. Approval for this alcohol permit is at multiple levels. Three (3) weeks will be required by Person County Government to route it for signature. Not adhering to this timetable may result in the inability to serve alcohol at your event, and the facility reservation will not be refunded. I have read and understand the above information and agree that it is true and accurate. I accept the responsibility of the actions of the persons attending this rental. Responsible Party Signature: Date: 182 5

183 PERSON COUNTY EXECUTION: All signatures are by the position listed or his/her designee. Facility Manager: Date: Parks and Recreation Director: Date Approve Deny Person County Manager: Date: Approve Deny If denied, state reason for denial APPROVED AS TO FORM PERSON COUNTY ATTORNEY BY: 183 6

184 SPECIAL USE PERMIT RULES AND REGULATIONS 1. Requesting person must provide proof that he/she is at least 21 years of age. 2. Only beer and/or wine is permitted in the boundaries of the special use permit areas with approval. All other Person County grounds and facilities are prohibited from possession or consumption of alcoholic beverages. 3. Requesting person is personally responsible for monitoring all activities relating to alcohol and for bringing all approved alcohol to the designated County facilities. 4. Requesting person must sign and hold harmless Agreement with Person County government. 5. The Amounts of alcoholic beverages to be served at each event shall fall within the legal limits of North Carolina State Law as defined by the North Carolina Alcoholic Beverage Control Laws and Regulations. 6. Permit will not be granted to college fraternities or sororities, unless a letter of support from the college or university president or designee accompanies the request for special use permit. 7. Individuals, organizations, companies, or family reunions that fail to abide to County facility and parks rules and regulation or cause problems due to alcohol will have their permit revoked and run the risk of future permit denials and/or harsher legal penalties. 8. Sign must be posted stating NO ALCOHOLIC BEVERAGES WILL BE SERVED TO ANYONE BORN AFTER 9. No Alcohol shall be served or consumed within one hour of event or rental end time. This does not apply to events that are not scheduled to exceed two hours. 10. Person County Government reserves that right to refuse permits to any County owned recreation facility at the discretion of the Director of Recreation, Arts, and Parks Department based on, nature of the event/performance, failure to disclose all details of the event, disregard of the rules, laws, and policies, or any related reason that will have to potential to negatively effect the quality of the facilities, public safety, image/perception of the facilities, and/or any other negative effect toward Person County Recreation, Arts, and Parks Department. I have read and agree to the rules and regulations of this special use permit policy and application. I have proved accurate information in my application for special use permit. Print Name: Signature: Date: 184 7

185 DESIGNATED BOUNDARIES. 1. Mayo Park Amphitheater in the concrete seating areas directly in front of the stage, the grass seating area directly in front of the stage in an area 200 feet long by 130 feet wide and in the stage area within 50 feet from the left, right and back of the stage. 2. Mayo Park Environmental Community Center within the center and within 50 feet from all sides of the building. 3. Kirby Cultural Arts Complex within Gallery front room (main gallery), Community gallery (Hallway), main theatre seating area (both upstairs and downstairs), and second floor galleries, studio/event rooms, and reception areas. 4. Person County Museum Grounds within the museum and no further than 50 feet from the property line

186 AGENDA ABSTRACT Meeting Date: February 16, 2015 Agenda Title: Kirby Second Floor Rental Rates and Fees Summary of Information: The Person County Recreation, Arts, and Parks Department along with its partners from Piedmont Community College (PCC) Cultural Arts Division have worked together to devise the fee structure for the newly renovated second floor of the Kirby Cultural Arts Complex. The fee structure was devised through research conducted by the Assistant Manager s intern, Parks and Recreation Staff, and PCC Cultural Arts Staff. Research was conducted by viewing neighboring cities and counties that have like facilities with similar uses. The fee structure was devised in a manner that will generate revenue while preventing the facility from being price restrictive to all user groups. The fee structure was presented to the Person County Recreation Advisory Board at their February 4, 2015 meeting for discussion and input. The Recreation Advisory Board agreed with the fee structure and adopted for approval to send to the Person County Board of Commissioners for approval. The Person County Parks and Recreation Department wishes to have these rental fees in place in anticipation of having the second floor open for operation/business in March. Recommended Action: Review, discuss, and approve the attached Fee Structure for the Kirby Cultural Arts Complex Second Floor. Submitted By: John Hill, Director of the Person County Recreation, Arts, and Parks Department 186

187 RENTAL, PERSONNEL, AND EQUIPMENT RATES FOR KIRBY CULTURAL ARTS COMPLEX Fees for holiday dates will be double the regular rental fees for the facility as well as equipment and personnel, if available. A. SECURITY DEPOSIT $ FOR AUDITORIUM AND WHOLE SECOND FLOOR RENTAL B. EXPLANATION OF CATEGORIES AND FEES FOR BUILDING USE: CATEGORY I Public supported schools of Person County and Person County governmental agencies PERFORMANCES, REHEARSALS, SECOND FLOOR STUDIO RENTAL, SECOND FLOOR HALL RENTAL & SECOND FLOOR WHOLE FLOOR RENTAL No Charge Unless Kirby Staff is utilized outside normal operational hours (8-5) and/or additional staff is needed. CATEGORY II Private, non-profit organizations and agencies in Person County that have a tax-exempt number or are supported by tax funds of the community. (Documentation of tax-exempt status must be provided.) AUDITORIUM PERFORMANCES $ per performance AUDITIORIUM REHEARSALS $25.00 per hour SECOND FLOOR STUDIO RENTAL $10/hour, $40/day SECOND FLOOR HALL RENTAL $20/hour, $80/day SECOND FLOOR - WHOLE FLOOR RENTAL $75/hour, $300/day CATEGORY III Private, profit making organizations and agencies AUDITIORIUM PERFORMANCES $ per performance AUDITIORIUM REHEARSALS $25.00 per hour SECOND FLOOR STUDIO RENTAL $20/hour, $80/day SECOND FLOOR HALL RENTAL $30/hour, $120/day SECOND FLOOR - WHOLE FLOOR RENTAL $100/hour, $400/day ALL CATEGORIES CONCESSION FEE: $25 per day C. EVENT PERSONNEL AND EQUIPMENT RATES 1. LIGHTING: SPOTLIGHT TECHNICIAN $12.00 per hour (minimum 2 hour rental) SPOTLIGHT EQUIPMENT Category I No Charge Category II & III $10.00 per hour (minimum 2 hour rental) LIGHTING TECHNICIAN $17.00 per hour (minimum 2 hour rental) 2. SOUND: SOUND TECHNICIAN $17.00 per hour (minimum 2 hour rental) SOUND EQUIPMENT Category I No Charge Category II $10.00 per hour for rehearsals and performances Category III $50.00 per performance $10.00 per hour for rehearsals 3. HOUSE MANAGERS/EVENT STAFF: $10.00 per hour 4. PIANO TUNING ON DEMAND $

188 5. PIANO RELOCATION TUNING (Done upon return to auditorium floor level) Lessee uses own manpower under Kirby staff supervision and are responsible for any damage when moving the piano from auditorium floor level to stage level and the return of the piano to the floor level after performance. Tuning of piano is mandatory when returned to floor. $ TICKET SALES Transactions for tickets will be For tickets $1-10 $0.50 processed by Person County and check will be For tickets $11-$15 $1.00 requested minus the ticket fees after last rental For tickets $16-$20 $1.50 date. Ticket Sales are subject to any additional For tickets $21-up $2.00 sales tax and processing fees. Adopted July 10, 2002 Recreation Advisory Board, Effective July 10, 2002; Revised March 3, 2004 Recreation Advisory Board, Effective March 15, 2004; Revised April 7, 2004; Revised January 19, 2011; Adopted March 7, 2012 Recreation Advisory Board; Revised July 1, 2012; Revised July 3, 2013 Recreation Advisory Board; Adopted January 8, 2014 Recreation Advisory Board 188

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190 AGENDA ABSTRACT Meeting Date: Feb. 16, 2015 Agenda Title: Public Safety Communication towers lease documents Background information: The BOC funded $100,000 in the FY15 budget to complete environmental studies for four tower locations. The towers will improve our public safety communications system. The State has assumed responsibility for constructing the Woodland tower. The total cost of construction of the remaining three towers is estimated at $3.6M. Summary of Information: Attached is the final lease document for Bethel Hill. The terms of the lease were agreed upon at the Feb. 3, 2015 BOC meeting. The lease will be signed when the final survey is completed. The Woodland site belongs to the county and is leased to the Board of Education. In order to lease the tower site to the State, the county must amend the lease with the Board of Education, releasing the area where the tower will be built. Attached is a draft of the lease amendment. Once the amendment is approved, the State will lease the property from the county. The State will follow the same leasing procedure as was used to lease the Critcher-Wilkerson site from the county. Recommended Action: Approve the Bethel Hill lease and the lease amendment for the Woodland site. Submitted By: Assistant County Manager, Sybil Tate 190

191 NORTH CAROLINA PERSON COUNTY LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this XX day of XXXXX, 2015, by and between the Person County Board of Commissioners (hereinafter referred to as the County ), and Bethel Hill Charter School (hereinafter referred to as Bethel Hill ). WITNESSETH: WHEREAS, the County and Bethel Hill wish to work together to improve public safety communication and broadband access in the unserved areas of Person County for economic development and educational purposes; and WHEREAS, the County has agreed to construct a communications tower, which will also accommodate broadband equipment, at Bethel Hill Charter School, provided that it can obtain a lease for the property; and NOW THEREFORE, Bethel Hill does hereby rent, lease and demise unto the County for the term and under the terms and conditions hereinafter set forth, the Premises with all rights, privileges and appurtenances thereto belonging. 191 The terms and conditions of this Lease are as follows: 1. Premises. Bethel Hill hereby leases to the County the fenced land containing.105 acres or 4,580 square feet shown and described as Bethel Hill on the survey attached and titled Exhibit A. The area shown and described on the survey shall be hereinafter referred to as the Premises. The Premises shall consist of non-exclusive space to accommodate a 300' self-supported communication tower ("Tower") constructed by the County. The Tower may include antennas and equipment (as described below) at differing heights. The tower shall have a 150 foot fall zone or 1.62 acres. 2. Term. The term of this Lease shall be for a period of twenty-five (25) years, commencing on the X day of X, 2015 and terminating on the X day of X, 2040 (the "Initial Term"). This Lease shall automatically be renewed for one (1) additional twenty-five (25) year period (the Renewal Term ) upon all the terms and conditions set forth in this Lease; provided that Bethel Hill, in its sole discretion, may elect not to renew this Lease by giving the County not less than six (6) months advance written notice prior to the end of the Initial Term (the Initial Term and the Renewal Term are collectively referred to herein Page 1 of 5

192 as the Term ). 3. Rent. County shall pay to the Board as rental for the Premises, the sum of ONE DOLLAR ($1.00) for the Term. 4. Use and Equipment. The County may use the Premises for the purpose of constructing and installing a 300 self-supported communications tower (the Tower ), equipment building (the Building ), concrete generator pad, ice bridge structure and fencing and for the purpose of installing, operating, maintaining, repairing, replacing and removing, intellirepeaters, microwave dishes, batteries, chargers, UPS, generator transfer switch(s), antennas, broadband equipment, transmission lines, waveguides, cables, wires, receivers, generators(s) and any other equipment deemed necessary for completion of the project (all such equipment whether located in the Building or on the Tower being collectively referred to herein as the Communications Equipment ). The County's use of the Premises shall be in accordance with all applicable Federal, State and local governmental laws and regulations. 5. Maintenance/Utilities. During the Term, the County shall be responsible, at its own expense, to maintain and operate the Tower, including, but not limited to all utility charges attributable to the use of the Premises. The County shall repair at its own expense damage to the Tower, the Building or the Communications Equipment, which is the result of the County s use of the Premises except if such cost arises out of the negligent or wrongful acts or omissions of Bethel Hill, its contractors or agents. 6. Access. Bethel Hill grants to the County an easement for ingress and egress for the Term over and upon such portion of its property lying between the Premises and public right(s) of way. Specifically, the county shall have an easement for ingress and egress for the Term over and option that certain roadway identified and being more particularly described as Existing Earthen Access Drive to be Upgraded with Gravel on EXHIBIT A, so that the County may access the Premises for the purposes set forth herein. Bethel Hill warrants and represents that it has the right to convey the easement(s) for ingress and egress hereby granted. The County shall be responsible for the cost of repairing any damage caused by the County s use of such roadways. 7. Insurance. The County shall maintain at all times during the term of this Lease, at its sole expense, liability insurance in the minimum amounts of $500, in case of injury to one person, $1,000, in the case of injury to more than one person in the same occurrence, and $250, in the case damage to property caused by the negligence or tort of any agent or employee of the County when acting within the scope of his authority or the course of his employment in performing the activities on or about the Premises. The County shall indemnify, protect and save harmless Bethel Hill from and against loss or damage to any equipment or improvements placed by the County on the Premises. Bethel Hill shall not be liable for any injuries or death of any persons suffered by reason of the County s use or maintenance of the Premises. 192 Page 2 of 5

193 8. Governmental Approvals and Compliance. The County agrees that the Tower and its operations shall meet applicable rules and regulations of the Federal Communications Commission ("FCC"), the Federal Aviation Administration ("FAA"), as well as all applicable State codes and regulations. The County, at its sole cost and expense, shall obtain any necessary governmental licenses or authorizations required for installation, repair, alteration, improvement, or expansion of its Communications Equipment and shall comply with government regulations applicable to its operations, including those of the FCC and FAA. 9. Security. The County agrees and acknowledges that the Tower and the Building will be secured by a locked fence. 10. Right to Terminate. The County may terminate this Lease, at its option, after giving not less than sixty (60) days notice, if: a. Any governmental agency denies a request by the County for or revokes a permit, license or approval, which is required for the County to install or operate the Tower, the Building or the Communication Equipment on the Premises; or b. The County determines that technical problems or radio interference problems from other antennas or from nearby radio transmitting facilities, which problems cannot reasonable be corrected, preclude the County from using the Premises for its intended purpose; or c. Utilities necessary for the County s use of the Premises are not available to the Premises; or d. The Premises or Tower is damaged or destroyed to an extent, which prohibits or materially interferes with the County s use of the Premises; or e. The County determines, in its sole discretion, that the Premises is no longer needed. 11. Termination. Upon termination, the County shall remove from the Premises: (i) the Tower; (ii) the Building and (iii) the Communications Equipment and any other items belonging to the County within 1 calendar year of termination, unless Bethel Hill Charter School choses to take possession of the tower and service facilities. The County hereby agrees to repair to the reasonable satisfaction of the Board any portion of the Premises damaged by the removal of the Tower, building or Communications Equipment. 12. Sublease. The county may lease space on the tower to cell carriers, broadband carriers, and any other revenue-generating leasee approved by the county. Bethel Hill Charter School Board Chairman and Principal shall be notified of any Sublease and full terms of any sublease agreement. Bethel Hill Charter will also be notified if there is any exchange of services agreement with any organization or business that uses the communications tower. 193 Page 3 of 5

194 13. Revenues. Revenues will be shared at a rate of 33.5% for Bethel Hill and 66.5% for the County, until the total capital cost of the tower is recouped. The tower cost is estimated at $582,000, but the final cost will be determined after construction. Once the capital cost is recouped, revenues will be split 50/50 between Bethel Hill and the County. 14. Modification. No modification of any provision hereof and no cancellation or surrender hereof shall be valid unless made in writing and signed and agreed to by both Parties. 15. Binding Effect. Subject to the provisions herein, this Lease shall extend to and bind the Parties and their heirs, executors, administrators, successors and assigns. 16. Applicable Law. This Lease shall be governed by, construed under and interpreted and enforced in accordance with the laws of the State of North Carolina, regardless of conflict of law principles. 17. Effect of Waiver. The failure of either Bethel Hill or the County to insist in any instance upon strict performance of any of the terms and conditions set forth in this Lease shall not be construed as a waiver of the same in any other instance. 18. Severability. In case any one or more of the provisions contained in this Lease shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof and this Lease shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 19. Notices. All notices herein provided to be given, or which may be given by either Bethel Hill or the County to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: to the County: Person County Attn: Heidi York 304 S. Morgan Street. Room 212 Roxboro, North Carolina to the Principal: Bethel Hill Charter School Attn: Stephen Hester 401 Bethel Hill School Road Roxboro, North Carolina to the Bethel Hill Charter School Board Chairperson: Attn: Joe Berryhill 550 Berryhill Road Roxboro, North Carolina Page 4 of 5

195 IN WITNESS THEREOF, Bethel Hill Charter School has caused this agreement to be signed in its name by its Chairman, attested by its Secretary, and sealed with its corporate seal, and the County has caused this Agreement to be signed in its name by its Chairman, attested by its Clerk and sealed with its official seal, and by all authority duly given, the day and year first above written. BETHEL HILL CHARTER SCHOOL PERSON COUNTY BOARD OF COMMISSIONERS BY: Joseph Berryhill, Chairman BY: Kyle Puryear, Chairman SEAL SEAL ATTEST: ATTEST: Stephen Hester, Principal Brenda B. Reaves, Clerk to the Board Page 5 of 5 195

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200 NORTH CAROLINA PERSON COUNTY FIRST AMENDMENT TO LEASE THIS AGREEMENT, made and entered into this the day of February, 2015, by and between Person County, North Carolina, a body corporate and politic ( Lessor ); and Person County Board of Education, a body corporate and politic ( Lessee ); WITNESSETH: THAT WHEREAS, Lessor heretofore entered into a certain Lease Agreement dated May 16, 2006 and recorded in Book 587, Page 130, Person County Registry (the Lease ) with respect to a portion of the real property known as Woodland Elementary School, Roxboro, North Carolina, and more particularly described on Exhibit A attached to the Lease (the Premises ); AND WHEREAS, the parties desire that a portion of the Premises be released from the Lease in order that the Lessor may lease same directly to the State of North Carolina for purposes of construction, operation and maintenance of a telecommunications tower; NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth and of other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: The description of the Premises as contained on Exhibit A to the Lease is hereby amended to delete from it the telecommunications compound area and the access and utility easement and fall radius easement as are more particularly described on Exhibit A attached hereto

201 Except as amended herein, the Lease shall otherwise continue in full force and effect according to its terms. This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and permitted assigns. IN WITNESS WHEREOF, the parties have caused the due execution hereof in their corporate names by their duly authorized officers, this the day and year first above written. 2 3 PERSON COUNTY, NORTH CAROLINA Attest: By: Kyle Puryear Chair, Person County Board of Commissioners Brenda Reaves Clerk to the Board of Commissioners PERSON COUNTY BOARD OF EDUCATION Attest: By: Gordon Powell, Chair Danny Holloman Secretary 201

202 NORTH CAROLINA PERSON COUNTY Page 3 I, a Notary Public of the County and State aforesaid, certify that Brenda Reaves personally appeared before me this day and acknowledged that she is Clerk to the Board of Commissioners for the County of Person, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chairman of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official seal, this the day of February, My Commission Expires: Notary Public Printed or Typed Name NORTH CAROLINA PERSON COUNTY I, a Notary Public of the County and State aforesaid, certify that Danny Holloman personally appeared before me this day and acknowledged that he is Secretary to the Person County Board of Education and that by authority duly given and as the act of said Board of Education, the foregoing instrument was signed in its name by its Chairman and attested by him as Secretary to said Board of Education. Witness my hand and official seal, this the day of February, My Commission Expires: Notary Public Printed or Typed Name Person County Board of Education/First Amendment of Lease 202

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207 AGENDA ABSTRACT Meeting Date: February 16, 2015 Agenda Title: Eaton Administrative Clarification of existing Financial Incentive Agreement with the Person County Board of Commissioners Summary of Information: At the January Economic Development Commission (EDC) meeting, the EDC approved the administrative clarification for Eaton s financial incentives agreements. A copy of the DRAFT EDC January 2015 minutes are attached. The EDC supports this request for an administrative clarification to the existing Eaton Corporation Financial Incentive Agreement with Person County Government. This is a request to allow 41 ATS Corporation employees to be included in the baseline numbers of employees for the Eaton Corporation financial incentive agreement with Person County Board of Commissioners. ATS is a temporary agency managing these 41 employees through a contract with Eaton. The new corporation tax manager for Eaton Corporation requested this clarification so that both Eaton Corporation and the Person County Board of Commissioners were in support of this administrative clarification that was not thoroughly quantified in the existing economic development financial incentive agreement approved years ago. Recommended Action: This is a request for the Person County Board of Commissioners to review this administrative clarification and approve the sending of the attached letter to Eaton Corporation subject to the Person County Board of Commissioner s approval. County Attorney, Ron Aycock has approved the legal ability of Person County Board of Commissioners to follow this course of action. Submitted By: Stuart C. Gilbert, Economic Development Director 207

208 DRAFT LETTER TO EATON CORPORATION Dear Ms. Cosper, Based on the discussions that we have had for the last few months, I have solicited the input from our county manager, city manager and have taken your request for clarification of what is considered an eligible job for the purposes of the financial incentive agreement contracts with Eaton Corporation and both the City of Roxboro and Person County. At the January 15, 2015 meeting of the Person County Economic Development Commission (PCEDC), (PCEDC) recommended approval of your administrative clarification and wanted to pass this recommendation on to the City Council and Person County Board of Commissioners: As administrator of the economic development side of the financial cash grant incentives agreement with the City of Roxboro and Person County, the Person County Economic Development Commission agrees with Eaton Corporation on the following administrative clarifications to our existing financial incentive agreements with Eaton Corporation: 1. Person County and the City of Roxboro will administratively allow ATS Corporation job numbers to be considered part of the base numbers of the Eaton Corporation required new jobs of 160 as identified in Section 1.2 of an agreement between Person County and Eaton Corporation, provided that we have appropriate documentation of not only the total number of jobs that ATS Corporation is documenting specifically working at the Eaton Corporation Roxboro, NC Plant and furthermore: a. As required by Section 1.3 of the agreement, the average weekly wage of the group the New Jobs, will equal or exceed Seven Hundred Thirty dollars per week as a wage standard and, b. Person County and the City of Roxboro via their economic development director receives documentation of ATS maintenance employees are permanent full time employees at the Facility at least the minimum amount required for eligibility for tax credits under Article 3J as identified in Sections 1 and Section 1.2 through 1.4 as outlined on page one of the December 5, 2011 executed agreement with Person County and Eaton Corporation. 2. Furthermore, Person County has an agreement on economic development services with the City of Roxboro and the administering of both the Person County and the City of Roxboro agreements will follow the same guidelines as evidenced by the signature of both the Person County Chair of the Board of Commissioners and the Roxboro Mayor to this letter. 3. It is acknowledged that the Eaton Corporation has far exceeded the minimum new real property and or machinery and equipment capital investment (Section 1.5 of the above referenced agreement) of Fifty Million Dollars ($50,000,000.00) and the total new 208

209 investment prior to the end of this year are closer to Seventy Million Dollars ($70,000,000.00). 4. The Economic Development Commission agrees that the existing 326 employees and the additional 51 ATS employees all working at the Eaton Roxboro, NC site are very important to both the City of Roxboro and Person County we will continue to implement actions approved by the elected bodies of the City and County that are mutually advantageous to the Eaton Corporation and our local governments and community. 5. A copy of the approved minutes of the (PCEDC) board meeting is attached for your file. (NOTE TO PC BOC. This action will not be able to be done until the February 19, 2015 PCEDC board meeting so this letter will not go out until at least ) Sincerely: Stuart C. Gilbert, MPA, MURP, CEcD, NC BIC Person County and City of Roxboro Economic Development Director 304 S. Morgan Street Roxboro, NC Merilyn Newell, Mayor, City of Roxboro Kyle Puryear, Chair, Person County Board of Commissioners (Signed to acknowledge the information contained in this letter. 209

210 Minutes of the PCEDC for January 15, 2015 Minutes of the Person County EDC Meeting Person County Tax Assessor Office Thursday, January 15, 2015 Voting Board Members Present: Mr. Randy Reynolds, Chairman Mr. Kenneth Perry, Vice-Chairman Honorable Mayor Merilyn Newell Mr. Will Carver Dr. Walter Bartlett, Secretary Honorable Mr. Kyle Puryear Mr. Ernie Wood Mr. Derrick Sims Mr. Phillip Allen Non-Voting Board Members Present: Mr. Stephen Steese, City Manager Board Members Absent: Mr. Brad Jordan ED Staff Present: Mr. Stuart Gilbert, ED Director Sherry Wilborn (minutes) Handouts: Agenda The Governor's Vision RTRP Luncheon Booklet Eaton Project Benefits Students Mrs. Heidi York, County Manager Others Present: Scott Bailey, Eaton - Roxboro Plant Manager Bradley J. Tapper, Eaton - Roxboro Plant Controller Jill Cosper, Eaton - Manager, Property Tax/Incentives David Dial, ATS Manager Robin Cousins, Person Industries Donald Long Minutes - October 2014, December 2014 JobsEQ Before and After Reports for Eaton Economic Forecast Forum 2015 Agenda & Speakers Gov. McCrory "I Do Not Have the Tools I Need" 1. Invocation was given by Stuart Gilbert. 2. Dr. Bartlett gave the Secretary's Report during which he presented the previously submitted October 2014 and December 2014 meeting minutes for Board approval. A motion was made, seconded and passed unanimously to approve the October and December 2014 meeting minutes. Motion: Commissioner Puryear Second: Will Carver 3. Stuart Gilbert reminded the Board that a staff report had been presented at the December meeting highlighting the request of Eaton Corporation to include a minimum of 41 ATS employees as a baseline employment qualification for the contracts that the company holds with both the City of Roxboro and Person County and to reflect this action in the EDC minutes and to provide this notification to the City and County to authorize Mr. Gilbert to write a letter to Eaton Corporation acknowledging this administrative clarification. He reminded the Board that there had been some discussion over this topic at the December meeting and that a request had been made to postpone a decision until all the materials presented could be more carefully reviewed

211 Minutes of the PCEDC for January 15, 2015 Mr. Gilbert shared that, since that time, Corporate officials from Eaton had requested to attend the next meeting with some local executives and employees. Just prior to turning the floor over to Jill Cosper, Manager of Property Tax and Incentives for Eaton Corporation, Mr. Gilbert reminded the Board that the recommendations being made had been reviewed and approved by the County Attorney and that City Manager Stephen Steese had been a part of the discussions from the beginning also. Finally, he pointed the Board to a "Before and After" Fiscal Impact Report to reflect the importance of the additional jobs that Eaton has provided to the community as the City's largest taxpayer. Ms. Cosper introduced the Eaton Representatives who were in attendance with her and their reasons for being there. Scott Bailey then gave an overview of Eaton's employment history in relation to and since the time of the contracts in question. He explained that the confusion surrounding the employment requirements stemmed back to the time of the enactment of the contracts, as the numbers were not consistent between agreements made on the State level compared to those on the City and County levels, with the local requirements being more stringent. Mr. Gilbert interjected that this was unusual, and Mr. Allen agreed should not be the case. With State employment requirements being at 120 new jobs and local employment requirements being at 160, Eaton and Person County and City of Roxboro representatives held a consensus view that State agreements had initially made the necessary changes to reflect the Eaton employees who were outsourced to ATS while the local agreements did not, thereby making the issue a matter of administrative clarification. Mr. Bailey made it clear to the Board that these ATS jobs were currently still employed at Eaton in Person County, that they never had a lapse in employment or benefit coverage, and that their wages and benefits were still in compliance with the requirements of the agreement. The only change, according to Mr. Bailey, was that they were now considered employees of ATS rather than employees of Eaton Corporation; however, the jobs were only in Person County as a result of Eaton's presence in Person County. Other points that were made by the Eaton team were that the other terms of the agreement, such as the capital investment had already been met and surpassed, community impact of Eaton, including 47 Person Industries employees that receive paychecks weekly from Eaton, and the fact that there are actually 50 ATS employees presently on site at Eaton, although only 41 of these jobs were being requested to be including in the job count. Ms. Cosper assured the Board that ATS had confirmed to her that they would supply to Person County quarterly and annually all the documentation necessary to confirm that the wage and benefit requirements of the agreements was being met. She also shared that over 50% of Eaton's employees at the Roxboro facility were Person County residents. In response to a statement by Dr. Bartlett that the inclusion of the ATS jobs would place an added burden on Eaton to take on the responsibility for these employees while they were officially employed by another company, Mr. Bailey stated that he felt comfortable to ensure that the ATS job numbers were secure based on the fact that there are presently nine ATS jobs over the 41 that could be used as cushion in addition to Eaton having a method in place that would allow them to reduce the number of temporary jobs should it become necessary to increase the number of permanent jobs

212 Minutes of the PCEDC for January 15, 2015 Mr. Bailey shared that there had been some issues with quality assurance at the local facility, and that as a corporation Eaton was taking numerous measures to rectify the issues, including a 70% change in leadership in the last 8-10 months. He stated that the local plant was seeing improvements as a result of the changes and was, in fact, competing with a facility in another location for a contract that could bring $30 million dollars in capital and new jobs. In an effort to show Eaton at a corporate level that Roxboro and Person County supported the Roxboro Eaton facility and wanted to see it thrive, he urged the Board to make the administrative clarification to include the ATS jobs in the baseline number for the local agreements. At the conclusion of Mr. Bailey's presentation, other members of the Eaton team briefly spoke of their support of the request that was being presented to the Board. A motion was made, seconded and passed unanimously to include a minimum of 41 ATS employees as a baseline employment qualification for the contracts that the company holds with both the City of Roxboro and Person County and to reflect this action in the EDC minutes and to provide this notification to the City and County to authorize Mr. Gilbert to write a letter to Eaton Corporation acknowledging this administrative clarification. Motion: Mayor Newell Second: Dr. Bartlett 4. Stuart Gilbert gave the Director's Report. He noted that the majority of what he would share would take place in the PCBIC meeting to follow. He shared that all data had been submitted for Project Trace approximately one month prior to today, and that he had met with the team at EDPNC that will work on the certification process on the day before this meeting and then with Timmons Group. He added that the State would be coming within the month as a step in the certification process. Mr. Gilbert commented that it was apparent that it was becoming increasingly imperative to have due diligence done ahead of time on sites, and that he hoped to have other sites in the County identified for certification by June of He relayed that a number of projects had been lost due to the fact that there were not even sites to submit on many requests that were coming in. Phillip Allen asked to clarify that the projects were not lost, but the opportunities for the projects were lost by not having certified sites to submit. Mr. Allen wanted to make the point that Person County was not even making it beyond the first round with these opportunities by not having the sites identified and prepared for submission. Moving on to Project Tracer, Mr. Gilbert updated the Board that he hoped to be able to invite them to meet with the consultant on this project along with the Board of Commissioners, City Council and other elected officials in the coming weeks and urged them to attend wherever possible. The next portion of the update was to inform the Board that Mr. Gilbert had attended the NCEDA meeting that took place on the day before this Board meeting and that the meeting predominately addressed legislative actions and how to be an effective lobbyist and announced that the NCEDA is considering hiring a lobbyist. Mr. Allen commented that JDIG should be a priority in all conversations between PCBIC members and legislative leaders. 5. The next meeting of the EDC will be February 19, 2015 at 8:00 am at the Person County Tax Office. 6. A motion was made, seconded and passed unanimously to adjourn the meeting. Motion: Kenneth Perry Second: Will Carver 212 3

213 AGENDA ABSTRACT Meeting Date: February 16, 2015 Agenda Title: Future Waste Management Options Summary of Information: At the Board s January 5 th meeting, Commissioner Kendrick requested that the Board of Commissioners begin discussing the existing landfill contract with Republic Services. The contract is set to expire on August 7, Specifically, he directed the Manager and Attorney to begin negotiations with Republic Services for a contract renewal, while at the same time, he wanted the Manager to research other options for solid waste disposal for Person County. These options might include operating our own landfill, setting up transfer stations, and/or taking our trash to another regional landfill outside of Person County. Staff has prepared a brief memo in response to Commissioner Kendrick s requests. Also included in the research are additional definitions requested by Commissioner Newell; a map of nearby landfill and transfer stations; a comparison of tipping fees across the State; and a summary of the highlights of landfill franchise contracts with Republic Services for the City of Concord and Caldwell County as comparisons. Recommended Action: Receive the information and direct staff on how the Board would like to proceed. Submitted By: Heidi York, County Manager; Sybil Tate, Assistant County Manager; and Ron Aycock, County Attorney 213

214 PERSON COUNTY OFFICE OF THE COUNTY MANAGER 304 South Morgan Street, Room 212 Roxboro, NC Fax Future Waste Management Options for Person County Background The contract and franchise agreement between Republic and the County for the operation of Upper Piedmont Landfill expires on August 7, Currently, the County receives an estimated $530,000/year in host fee revenues, an additional $25,000/year in funding for promoting recycling and $30,214/year in tax revenues. The County does not have any direct costs associated with solid waste because it does not provide waste collection services to citizens, but the City of Roxboro provides collection service to all of its residents. City residents do not pay a solid waste collection fee, the cost of collection is paid for from their General Fund. Private collection companies may collect from residents in the unincorporated portions of the County. Both the City and private haulers currently pay tipping fees to Republic. Impact of PCPride Lawsuit In 2008, Republic sought authority to extend the footprint of its landfill. In order to do so, Republic needed the Board of County Commissioners to approve a special use permit. PCPride filed a lawsuit to effectively enjoin the County from issuing the special use permit. The final disposition of the lawsuit was the entry of a voluntary dismissal of its lawsuit by PCPride with the right to file it again in the future and an agreement between the County and PCPride that no further action on the special use permit would be taken by the County until certain further analysis was undertaken by the County and that PCPride would be informed of that analysis. The County was required to inform PCPride of its intention to move forward on the special use application prior to taking any further action. Subsequent to this settlement agreement, Republic determined that it no longer needed the extension of the footprint of its landfill site and abandoned the special use permit. This lawsuit affected only the proposed additional land and had no effect on the existing land fill site. The lawsuit will have no effect on a new contract regarding the existing site or a new franchise, which would have to be granted. Options for Future Waste Management 1. Negotiate up to a 30 year contract and adopt a franchise agreement for up to 30 years. a. Budgetary Impact: potential to increase revenues b. Process: i. Authorize negotiating team to begin discussions 214

215 ii. Send a letter of intent to negotiate in good faith to Republic iii. Provide negotiating team with parameters for negotiating iv. Conclude negotiations and agree to a contract v. 30 day public notice before a required public hearing on the franchise ordinance vi. Franchise ordinance must be adopted at two regular meetings vii. Republic begins new permit process, includes public hearings and various studies c. Timeframe: years 2. Extend the franchise agreement up to 10 years. Even though the contract allows the County to extend the contract for 10, 1 year agreements, it would be impractical to renew the franchise agreement and contract each year. a. Budgetary Impact: May be able to negotiate some additional funding b. Process: i. 30 day public notice before the public hearing ii. Franchise agreement must be adopted at two regular meetings c. Timeframe: Minimum of 3 months 3. Let the contract expire. The landfill will close. Republic will pay the closure and maintenance costs for at least 30 years. The county would lose $585K in annual revenues. If the contract expires, then the county would have the following options for solid waste management: a. Build a county-owned and operated landfill i. Budgetary Impact: $3.8M capital, $1.1M annual operating (estimate based on Granville County s new landfill) ii. Process: Hire a consultant to determine the costs, location, tipping fee, etc. Cost: $50,000 iii. Timeline:2-3 years b. Build a transfer station/upgrade the existing transfer station and haul waste to Granville County s landfill or other nearby landfill. The existing transfer station may be able to be up-fitted. The County would need to obtain a new permit, hire staff and charge a tipping fee. i. Budgetary impact: $1M capital cost, $2.7M annual operating (estimate based on Vance and Franklin County s transfer stations; Vance County charges $65/ton at their transfer station) ii. Process: Hire a consultant to determine the costs, location, tipping fee, etc. Cost: $30,000 iii. Timeline: 2 years c. Individuals/Businesses can direct haul waste to Granville County s landfill or other nearby landfill. i. Budgetary Impact: No budgetary impact on County government but county residents would have to travel further and pay a higher tipping fee (Republic charges $40.22, Granville charges $42 per ton) ii. Process: No action required d. Find another private waste company to own and operate a landfill 215

216 216 i. Budgetary Impact: potential to increase revenues ii. Process: 1. Release an RFP for landfill services 2. Negotiate a contract 3. Adopt a franchise ordinance iii. Timeline: 3-4 years

217 Appendix A: Definitions Hazardous Waste (as defined by the EPA) Listed Wastes: Wastes that EPA has determined are hazardous. The lists include the F-list (wastes from common manufacturing and industrial processes), K-list (wastes from specific industries), and P- and U-lists (wastes from commercial chemical products). Characteristic Wastes: Wastes that do not meet any of the listings above but that exhibit ignitability, corrosivity, reactivity, or toxicity. Universal Wastes: Batteries, pesticides, mercury-containing equipment (e.g., thermostats) and lamps (e.g., fluorescent bulbs). Mixed Wastes: Waste that contains both radioactive and hazardous waste components. Daily Cover/Alternative Daily Cover (as defined by NCDENR) - Part.1626(2)(a) states: Except as provided in Sub-Item (b) of this Item, the owners or operators of all MSWLF units must cover disposed solid waste with six inches of earthen material at the end of each operating day, or at more frequent intervals if necessary, to control disease vectors, fires, odors, blowing litter, and scavenging. Part.1626(2)(b) states: Alternative materials of an alternative thickness (other than at least six inches of earthen material) may be approved by the Division if the owner or operator demonstrates that the alternative material and thickness control disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat to human health and the environment, in accordance with 40 CFR Part A MSWLF owner or operator may apply for a generic approval of an alternative cover material, which would extend to all MSWLF units. 217

218 Appendix B: Nearby Landfill/Transfer Station map (NC and VA) 218

219 Appendix C: Comparison of tipping fees, FY13-14 Permit_Name PrimaryWaste_Type County Tip Fee Include Tax? Austin Quarter C&D Unit CD Alamance $ Yes Cobles C&D Landfill CD Alamance $ Yes Alexander County CDLF CD Alexander $ Yes Avery County C&D Landfill CD Avery $ Yes Buncombe County C&D Unit CD Buncombe $ Yes Cabarrus County CDLF CD Cabarrus $ Yes Highway 49 C&D Landfill And RecyclingGreenway Waste CD Cabarrus $ Yes Blackburn Resource Recovery Facility CD Catawba $ Yes Fort Bragg C&D Landfill CD Cumberland $ - No Dare County C&D Landfill CD Dare $ Yes Davidson County CDLF CD Davidson $ Yes Old Salisbury Road CDLF CD Forsyth $ No High Point C&D Debris Landfill CD Guilford $ Yes A-1 Sandrock C&D Landfill CD Guilford $ Yes Harnett Co Anderson Crk C&D Landfill CD Harnett $ Yes Johnston County C&D Landfill CD Johnston $ Yes Lincoln County C&D Unit CD Lincoln $ No BFI-Lake Norman Landfill CD Lincoln $ Yes Madison County C&D Unit CD Madison $ Yes Martin County C&D Landfill CD Martin $ Yes Greenway Waste Solutions at North Meck CD Mecklenburg $ Yes Moore County C&D Landfill CD Moore $ Yes Nash County C&D Landfill CD Nash $ Yes Orange County C&D Landfill CD Orange $ Yes Pasquotank County C&D Landfill CD Pasquotank $ Yes C & D Landfill Inc CD Pitt $ Yes Gold Hill Road C&D Debris Landfill CD Randolph $ Yes Rutherford County C&D CD Rutherford $ Yes WI-Sampson County C&D Unit CD Sampson $ Yes Shotwell Landfill Inc. CD Wake $ Yes Red Rock Disposal, LLC CD Wake $ Yes Greenway Waste Solutions of Apex, LLC CD Wake $ Yes Material Recovery C&D Landfill CD Wake $ No Washington County C&D Landfill CD Washington $ Yes Wilson County Westside C&D CD Wilson $ Yes 219

220 Landfill Brunswick County CDLF CD Brunswick $ Yes Burke County CDLF CD Burke $ Yes Cleveland County CDLF CD Cleveland $ Yes Cumberland County C&D Unit CD Cumberland $ No Edgecombe County CDLF CD Edgecombe $ Yes Gaston County C&D Landfill CD Gaston $ Yes Granville County CDLF CD Granville $ Yes Greene County CDLF CD Greene $ Yes Greensboro, City Of CD Guilford $ Yes Halifax County Landfill CD Halifax $ Yes Harnett County CDLF CD Harnett $ Yes Lenoir County CDLF CD Lenoir $ Yes Robeson County CDLF CD Robeson $ No Scotland County CDLF CD Scotland $ Yes Albemarle, City Of, CDLF CD Stanly $ No Union County C&D CD Union $ Yes Wayne County CDLF CD Wayne $ No Permit_Name PrimaryWaste_Type County Tip Fee Include Tax? Austin Quarter SWM Facility MSW Alamance $ Yes Chambers Development MSWLF MSW Anson $ Yes Ashe County Landfill MSW Ashe $ Yes East Carolina Reg Landfill MSW Bertie $ Yes Buncombe County MSW Landfill MSW Buncombe $ Yes BFI-Charlotte Mtr Speedway Landfill V MSW Cabarrus $ Yes Foothills Environmental Landfill MSW Caldwell $ No Blackburn Resource Recovery Facility MSW Catawba $ Yes Cherokee County MSW Facility MSW Cherokee $ Yes Cleveland County Landfill Self- McNeilly MSW Cleveland $ Yes CRSWMA - Long Term Regional Landfill MSW Craven $ Yes Cumberland County Landfill MSW Cumberland $ No Davidson County MSW Lined Landfill MSW Davidson $ Yes Hanes Mill Road Landfill MSW Forsyth $ No Gaston County Landfill MSW Gaston $ Yes Oxford Subtitle D MSWLF MSW Granville $ Yes High Point City Of - Landfill MSW Guilford $ Yes 220

221 Greensboro, City Of MSW Guilford $ Yes Haywood Co White Oak Landfill MSW Haywood $ Yes Iredell County Sanitary LF MSW Iredell $ No Johnston County Landfill MSW Johnston $ Yes Lenoir County MSW Landfill MSW Lenoir $ Yes Lincoln County Landfill MSW Lincoln $ No Macon County Landfill Open MSW Macon $ Yes Mecklenburg County Landfill MSW Mecklenburg $ Yes Uwharrie Env. Reg. Landfill MSW Montgomery $ Yes New Hanover County Landfill MSW New Hanover $ Yes Camp Lejeune MSW Landfill MSW Onslow $ No Onslow County Subtitle D Landfill MSW Onslow $ Yes Upper Piedmont Reg Landfill MSW Person $ No Robeson County Landfill MSW Robeson $ Rockingham County Landfill MSW Rockingham $ No Rowan County Landfill MSW Rowan $ Yes WI-Sampson County Disposal Inc MSW Sampson $ Yes Albemarle, City Of-Landfill MSW Stanly $ No Surry County MSWLF MSW Surry $ Yes Transylvania County Landfill MSW Transylvania $ Yes Wake County South Wake MSWLF MSW Wake $ Yes Wayne County Landfill MSW Wayne $ No Wilkes County MSWLF MSW Wilkes $ Yes Permit_Name PrimaryOperation County Tip Fee Include Tax? River City Transfer Station Trans Cumberland $ No AAA Hauling Of NC Inc Trans Cumberland $ No Soundside Recycling & Materials, Inc Trans Currituck $ No Todco, Inc. - C&D Transfer Trans Davidson $ No Abbey Green Inc Trans Forsyth $ No WI Burnt Poplar Transfer LLC Trans Guilford $ Yes Russo Dumpster Service Trans Mecklenburg $ - No The Linda Consruction Co., Inc. Trans Mecklenburg $ - No Raleigh Transfer Station Trans Wake $ Yes Apex C&D Waste Transfer Facility Trans Wake $ Yes Wake Transfer Station Trans Wake $ Yes Capitol Waste C&D Transfer Trans Wake $ Yes 221

222 Station Alexander Co. Transfer Station Trans Alexander $ Yes Alleghany County Transfer Facility Trans Alleghany $ Yes Avery County Transfer Station Trans Avery $ Yes Beaufort Transfer Station Trans Beaufort $ No Bladen County Transfer Station Trans Bladen $ Yes Yancey-Mitchell Transfer Station Trans Yancey $ No Brunswick County Transfer Station Trans Brunswick $ Yes Waste Management Of Asheville Trans Buncombe $ Yes Buncombe County Transfer Station Trans Buncombe $ Yes Burke County Transfer Facility Trans Burke $ Yes Carteret County Transfer Station Trans Carteret $ Yes City Of Hickory Transfer Station Trans Catawba $ - No Waste Man. - Chatham Co Transfer Station Trans Chatham $ Yes Town Of Edenton Transfer Station Trans Chowan $ Yes Clay County Transfer Station Trans Clay $ Yes Columbus County Transfer Station Trans Columbus $ Yes Cherry Point Transfer Station Trans Craven $ Yes Fort Bragg Transfer Station Trans Cumberland $ - No City Of Fayetteville/ Waste Industries Transfer Station Trans Cumberland $ Yes Currituck Transfer Station Trans Currituck $ Yes Bay Disposal Inc. Currituck Transfer & Recovery Facility Trans Currituck $ No Dare County Transfer Station Trans Dare $ Yes Duplin County Transfer Station Trans Duplin $ Yes City Of Durham Transfer Station Trans Durham $ Yes Stone Park Court Transfer Station Trans Durham $ Yes Edgecombe County Transfer Station Trans Edgecombe $ Yes Overdale Road Transfer Station Trans Forsyth $ Yes Franklin County Transfer Station Trans Franklin $ No Waste Management Of Carolinas Trans Gaston $ Yes Graham County Transfer Station Trans Graham $ Yes Bishop Road Transfer Station Trans Guilford $ Yes Greensboro Transfer Station Trans Guilford $ Yes 222

223 Halifax County Landfill Trans Halifax $ Yes Town of Weldon Transfer Facility Trans Halifax $ Yes Harnett Cnty-Dunn/Erwin Transfer Station Trans Harnett $ Yes Anderson Creek Landfill Transfer Station Trans Harnett $ Yes Henderson County Transfer Facility Trans Henderson $ Yes Hertford County Transfer Station Trans Hertford $ No Hoke County Transfer Station Trans Hoke $ Yes Iredell County Transfer Station Trans Iredell $ No Jackson County Scott Creek Transfer Station Trans Jackson $ Yes Waste Man. - Lee Co. Transfer Station Trans Lee $ Yes Sanford Transfer Station Trans Lee $ Yes Lenoir County Transfer Facility Trans Lenoir $ Yes Deep Run Transfer Station Trans Lenoir $ Yes McDowell Co Transfer Facility Trans McDowell $ Yes Highlands Transfer Station Trans Macon $ Yes Madison County Transfer Trans Madison $ Yes Queen City Transfer Station Trans Mecklenburg $ Yes O'Leary Resource Recovery Center Trans Mecklenburg $ - No Uwharrie Env Inc/Moore Cty Transfer Station Trans Moore $ Yes Rocky Mount Transfer Station Trans Nash $ No City Of Rocky Mount Transfer Station #2 Trans Nash $ No Waste Management Of Wilmington Transfer Trans New Hanover $ - No Pamlico County Transfer Station Trans Pamlico $ Yes Pasquotank County Transfer Station Trans Pasquotank $ Yes Pender Co Transfer Station Trans Pender $ Yes Perquimans-Chowan-Gates Transfer Trans Perquimans $ Yes EJE Recycling Transfer Station Trans Pitt $ Yes Polk County Transfer Station Trans Polk $ Yes Randolph County Transfer Facility Trans Randolph $ Yes City Of Asheboro Recycling/Solid Waste Transfer Station Trans Randolph $ Yes Richmond County Transfer Trans Richmond $ Yes 223

224 Station Reidsville, City Of Transfer Facility Trans Rockingham $ No City of Eden Transfer Trans Rockingham $ - No Rutherford County Transfer Facility Trans Rutherford $ Yes Scotland County T.S. Trans Scotland $ Yes Swain County Transfer Facility Trans Swain $ Yes Union County Transfer Station Trans Union $ Yes Waste Industries-Vance County Trans Vance $ Yes Cary Town Of - Transfer Station Trans Wake $ - No Waste Management Of Ral-Dur Trans Wake $ No Waste Industries Garner Transfer Station Trans Wake $ Yes East Wake Transfer Station Trans Wake $ Yes Warren County Transfer Station Trans Warren $ Yes Watauga Co Transfer Facility Trans Watauga $ Yes Goldsboro Transfer Station Trans Wayne $ Yes Waste Industries Wilson Transfer St. Trans Wilson $ - No Waste Industries- Blk. Crk. Rd. Transfer Trans Wilson $ Yes Yadkin County Transfer Facility Trans Yadkin $ Yes 224

225 Appendix D: Comparison of landfill franchise agreements Person County 20 year agreement Limit of 600 tons of waste per day Limits service area to the county and the city; unless 600 ton limit cannot be met Limits waste disposal from Raleigh and Durham; unless 600 ton limit cannot be met Tipping fee set at $25.44; adjusted using CPI FY13/14 tipping fee $40.22 Host fees: tons per day =$.75 per ton tons per day = $1.25 per ton tons per day = $1.75 per ton Over 600 tons per day = $2.00 per ton $25,000/year for recycling objectives Must provide a recycling center at the landfill; requires Republic to provide marketing for recycling and technical assistance to the county City of Concord 30 year agreement No limit on tons of waste per day; however, landfill must provide airspace or a transfer station for MSW generated in the City for 30 years No limit to service area No tipping fee charged for the City of Concord s Municipal Solid Waste (MSW) FY13-14 tipping fee is $52.40 Host fee of $.75 per ton; $.25 of the $.75 is put in an account and repaid to Republic at the end of the contract; adjusted using CPI Sets minimum monthly amount generated by host fee at $38,200 Pays for all of the costs of the curbside recycling program in the City Caldwell County 30 year agreement; 10 year franchise review date (amended from 20 years to 30 years in Amendment 1) Limit of tons of waste per day from outside of Caldwell County Limits collection area to certain counties No tipping fee for Caldwell County s MSW FY14/15 tipping fee is $53.06 Sets Commercial rate for Caldwell County businesses is $28.00/ton; adjusted using CPI Host fee of $2.00 (waste generated outside of Caldwell County); adjusted using CPI $25,000/year for recycling education Free collection at county convenience centers $500,000 for safety and transportation purposes $100,000 to establish a park near the landfill Includes disposal of yard waste 225

226 Amendment 1: increased service area; no dumpster rental fees charged to the county; increase contact length from 20 to 30 years; 10 year review date to review the terms and conditions; franchise renewal fee of $125,000 Amendment 2: County is entitled to 50% of Landfill gas sales each month Amendment 3: Increased the service area 226

227 Meeting Date: February 16, 2015 AGENDA ABSTRACT Agenda Title: Public Nuisance Ordinance Background: At the January 5, 2015 Board of County Commissioners meeting, staff was asked to propose language to combine with the Automotive Graveyards and Junkyard Ordinance to address abandoned properties and litter because of the threat to public health, safety and welfare. Below are the keypoints of the proposed additions to the ordinance and attached is language that would be combined with the Automotive Graveyards and Junkyard Ordinance to create a Public Nuisance Ordinance. The Automotive Graveyard and Junkyard Ordinance is also attached. Summary of Information: Abandoned Structures Key Points Covers manufactured mobile homes and abandoned residential and commercial structures Ordinance shall not apply to structures further than 500 from residential or public uses (schools, playgrounds) on adjacent properties; and, not visible from transportation right-of-way Exceptions for farm structures and historic properties Abandoned structure standards would be enforced by Building Inspections Mobile home grant program (optional) would be administered by the Planning Department County can pay for removal costs; however, removal costs cannot be collected via the property tax bill only through a lien on the property Appeals heard by Board of Commissioners Cost $15,000-$51,000 FTE:.5 FTE, $31,000 The State has limited grant funds for county programs that remove abandoned mobile homes from property. Implementing the grant program will require.5 FTE Operating: $15,000 - $20,000 Some operating funds would be needed to pay for clean-up of abandoned structures Litter Key Points Does not apply to properties that are not visible from residential or public uses (schools, playgrounds) on adjacent properties or from transportation right-of-way Exceptions for farms as defined by State statute and construction sites with currently active permits; Enforcement process managed by the Planning Department Specific abatement process would apply to chronic offenders ; costs would be applied to property tax bill Appeals heard by Board of Adjustment Costs $31,000- $62,000 FTE:.5-1FTE ($26,000-$52,000)- the amount of staff time needed depends on whether the BOC wants this position to coordinate public clean-up events Operating cost: $5,000 - $10,000 Recommended Action: Provide feedback to staff about what language should be combined with the Automotive Graveyard and Junkyard ordinance. Submitted By: Michael Ciriello, Planning Director 227

228 Proposed Nuisance Ordinance Language ABANDONED STRUCTURES Definitions Abandoned Structure a residential or commercial building shall be considered an abandoned structure if it is unoccupied and damaged or in disrepair to the point of being condemnable as defined by NCGS 153A-366 and is found to be a nuisance because it creates or fosters one (1) or more of the following conditions: a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests; b. The collection of pools or ponds of water; c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials; d. A source of danger for children because of the possibility of entrapment or injury from exposed sharp surfaces of metal, glass, or other rigid materials; e. A source of danger from the building structure, or parts thereof, falling or turning over; f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any kind; g. Accumulation of sewage or animal waste; h. Concentrated quantities of hazardous materials; i. The presence of dead animals; or, j. Any building structure specifically declared a public health and safety hazard by the Board of Commissioners. Abandoned Manufactured Home shall be considered an abandoned structure if it is in a wrecked, scrapped, disassembled, unusable, cannibalized, burnt, inoperable or if available, is not connected to an approved sewer system and not occupied and is found to be a nuisance because it creates or fosters one (1) or more of the following conditions: a. A breeding ground or harbor for mosquitoes, other insects, rats, or other pests; b. The collection of pools or ponds of water; c. Concentrated quantities of gasoline, oil, or other flammable or explosive materials; d. A source of danger for children because of the possibility of entrapment or injury from exposed sharp surfaces of metal, glass, or other rigid materials; e. A source of danger from the home, or parts thereof, falling or turning over; f. An accumulation of garbage, food waste, or any other rotten or putrefied matter of any kind; g. Accumulation of sewage or animal waste; h. Concentrated quantities of hazardous materials; i. The presence of dead animals; or, j. Any manufactured home specifically declared a public health and safety hazard by the Board of Commissioners Manufactured Home is a structure, transportable in one or more sections, which in the traveling mode whose body is 8 feet or more in width or 40 feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Department of Housing and Urban Development (HUD) and complies with the standards established under that Federal agency. For purposes of this ordinance, manufactured home includes both factory-built single-family structures built to meet standards established under The National Manufactured Housing Construction and Safety Standards Act of 1974 and mobile homes built prior to the effective date of those standards (June 15, 1976). The Federal Standards became effective on June 15, 1976, and all homes with a date of manufacture on or after this date were required to have a HUD label indicating compliance with the standards

229 Historic Structure or, Historic Property is as defined by the State Historic Preservation Office and the National Register of Historic Places Agricultural purpose and bona fide farm as defined by NC GS 153A-340: 1. A farm sales tax exemption certificate issued by the Department of Revenue. 2. A copy of the property tax listing showing that the property is eligible for participation in the present use value program pursuant to G.S A copy of the farm owner's or operator's Schedule F from the owner's or operator s most recent federal income tax return. 4. A forest management plan. 5. A Farm Identification Number issued by the United States Department of Agriculture Farm Service Agency. Exceptions This ordinance shall not apply to any structure used or previously used for agricultural purposes This ordinance shall not apply to historic properties or structures Ordinance shall not apply to structures further than 500 from residential or public uses (schools, playgrounds) on adjacent properties; and, not visible from transportation right-of-way Illustration to show distances from adjacent properties to burned-out house; distance measured using Person County GIS mapping software Process 1. Upon receipt of a complaint, the Building Inspections Department will conduct an investigation to determine if the structure meets the definition of an Abandoned Structure as defined by this ordinance. The Building Inspections Department will be responsible for mailing notices, overseeing the removal of abandoned structures. The Building Inspections Director shall keep an accurate record of all enforcement proceedings begun pursuant to the provisions of this chapter. 2. In exercising these powers, each member of the inspection department has a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. Nothing in this section shall be construed to prohibit periodic inspections in accordance with State fire prevention code or as otherwise required by State law