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09-16-2024 Meeting Minutes BOCSeptember 16, 2024 1 PERSON COUNTY BOARD OF COMMISSIONERS September 16, 2024 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Kyle W. Puryear T.C. Morphis, Jr., County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday September 16, 2024 at 9:00 a.m. in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order. Chairman Powell offered an invocation, and Commissioner Palmer led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Palmer and carried 5-0 to approve the agenda. PUBLIC HEARING: CONSIDERATION OF APPROVAL TO SUBMIT THE FY26 COMMUNITY TRANSPORTATION PROGRAM APPLICATION A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for Consideration of Approval to submit the FY26 Community Transportation Program Application. Transportation Director Mitch Fleig presented. He stated that the full-time and part- time staff of the PATS Department eagerly serve the County each and every day. He stated that in FY24, PATS accommodated over 59,000 trips, and drove over 429,000 miles amongst the 14 vans and buses. He stated that the mission of PATS is to provide safe, friendly, and reliable transportation to the citizens of Person County utilizing the most efficient manner possible to increase mobility and support a livable community. He stated the purpose of the hearing was to bring before the Board for approval the FY26 Community Transportation Program Application. He stated that the Community Transportation program grants are divided into two categories. He stated that the Administrative Project, which consists of $208,260, with a 15% local match, would be $31,239 for the local share. He stated that the Capital Grant, which is to be used for the purchase of three replacement vehicles, is $353,000, with a 10% local match, would be $35,300. September 16, 2024 2 Fleig stated that the total for both projects is $561,260, and the local share for the County would be $66,539. He is asking the Board for approval of the grant submittal and use of the local funds noted for the FY26 Community Transportation Program Application. There were no individuals appearing before the Board to speak in favor of or in opposition to the Consideration of Approval to submit the FY26 Community Transportation Program Application. A motion was made by Vice Chairman Sims and carried 5-0 to close the public hearing for Consideration of Approval to submit the FY26 Community Transportation Program Application. CONSIDERATION TO GRANT OR DENY APPROVAL TO SUBMIT THE FY26 COMMUNITY TRANSPORTATION PROGRAM APPLICATION A motion was made by Commissioner Puryear and carried 5-0 to approve the submittal of the FY26 Community Transportation Program Application and to approve the local share in the amount of $66,539 for FY26. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Andrea Childers of 270 Blackberry Lane, Rougemont stated that on Thanksgiving Day she will have lived in Person County thirty-two years. She stated that last week the North Carolina Utilities Commission approved the sale of Dominion Energy North Carolina LNG subsidiary to the Canadian company Enbridge. She stated that from this point forward, we will have to deal with international courts, should Enbridge violate regulations in our County. She stated that now that a recidivist offender has set up shop in Person County, the residents and constituents deserve protection from this corporation. She read through an extensive list of Enbridge violations and penalties. She asked the Board to require air monitors on both ends of the County. She stated that residents need to know that the air they are breathing is clean. Jimmie Bowes of Edwin Robertson Road, Roxboro stated that he is here to address the closing of Country Club Road. He stated that about 200 dump trucks go by his house every day. He stated that once he gets to Country Club Road, it goes away. He stated that the road has been there since he was a baby. He stated that he built his house there. He stated that he is set in his ways and wants to go that way to go to town. He stated that it takes him two and a half miles further to go around by Chub Lake to get to the City of Roxboro. He stated that he has not seen any traffic counters on the road, and that is one of the first things you got to do when closing the road. He urged the Board not to close that section of the road. September 16, 2024 3 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Palmer and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of September 3, 2024, B. Budget Amendment #6, C. Budget Amendment #7, D. FY2025 ROAP Distribution Authorization E. Animal Services Fee Schedule Amendment, and F. Public Records Request Policy Amendment NEW BUSINESS: SUMMARY PRESENTATION OF THE PERSON COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) Planning and Zoning Director Chris Bowley presented the following: September 16, 2024 4 September 16, 2024 5 September 16, 2024 6 September 16, 2024 7 September 16, 2024 8 September 16, 2024 9 September 16, 2024 10 Vice Chairman Sims expressed thanks to the UDO Steering Committee that helped with assisting with the UDO and to Bowley for his presentation. He stated that this is a very important document to be used for enforcement of the ordinance and that we just cannot let people do whatever they want to do on their property that is endangering other people or could be a pollution issue. He stated that he had concerns as it relates to short- term rentals. Chairman Powell expressed thanks and appreciation to the UDO Steering Committee and to Bowley for the persistence and endurance in completion of the UDO. He stated that he had concerns about short-term rentals as well as residential junkyards. Commissioner Puryear asked Bowley what were the two members on the Planning Board’s reasoning for voting in opposition to the proposed UDO. Bowley advised that the two Planning Board members did not provide an explanation as to why they were in opposition of the UDO. Bowley addressed the short-term rentals and the junkyard ordinance as presented in the proposed UDO. He stated that the short-term rentals are isolated to the Residential Zoning District. He stated that because of the way the current Permitted Use Table reads, you have to have a Special Use Permit for it. He stated that the County is trying to correct that with a new document and to make sure that in the Rural Conservation Zoning District (RC) they are permitted by right. He stated that there are some short-term rentals in the RC district. He stated that it is a consistency issue more than anything from a zoning standpoint. He stated that as far as the code enforcement side, Planning and Zoning does get calls and emails about neighbors that are in existing subdivisions that now have short-term rental uses and the complaints range from parking issues to trash issues. He stated that the ten standards that are in the UDO for short-term rentals are designed towards that. September 16, 2024 11 Bowley stated that in reference to residential junkyards, the majority of land owners in Person County are responsible owners that take care of their property very well and want their neighbors to do the same. He stated that there are a few that just start bringing things on their property, and some of them even go so far as to say that they are a residential junkyard. He stated that in the current junkyard ordinance, it allows for that terminology, and in the proposed UDO, it has been removed. He stated that going forward, especially for code enforcement purposes, there is terminology for “Commercial Salvage Yard”. He stated that is matching to the greatest degree possible with the general statutes that you are not allowed to have residential junkyards, except in a specific zoning district. He stated that should limit the number of property owners that bring inoperable vehicles on their property. He stated that with the proposed changes to the ordinance, the Board would know where the junkyards are and what the owners’ intended use is, as the owner would have to come before the Board for approval, with the change from permitted use to special use. No action was taken by the Board as this was informational only in preparation of the public hearing for the adoption of the UDO, which is to be to be heard on October 7, 2024. ANIMAL SERVICES ORDINANCE AMENDMENT Animal Services Director Kelli Lewis advised that the Animal Services Advisory Committee met last month to consider recommended changes to the Animal Services Ordinance to reflect the title change from “Animal Services Officer” to “Deputy Animal Control”, and to add in “Person County Sheriff’s Office”. There were no questions from the Board in reference to the recommended changes in the Animal Services Ordinance. A motion was made by Commissioner Puryear and carried 5-0 to approve the Amendment to the Animal Services Ordinance. September 16, 2024 12 September 16, 2024 13 September 16, 2024 14 September 16, 2024 15 September 16, 2024 16 September 16, 2024 17 September 16, 2024 18 September 16, 2024 19 September 16, 2024 20 September 16, 2024 21 September 16, 2024 22 September 16, 2024 23 September 16, 2024 24 September 16, 2024 25 September 16, 2024 26 RESOLUTION AUTHORIZING FILING OF APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NC GENERAL STATUTE 160A-20 County Manager Katherine Cathey advised the Board that before them is a recommended action to approve the resolution to authorize filing of the application to the Local Government Commission (LGC) and the contract for the ALS360 program. She stated that at the last Board of Commissioners meeting, the Board did support staff’s filing of the application to the LGC, so we could be scheduled for the October 1, 2024 meeting. She stated that the resolution formalizes the Board’s approval of the filing of the application. She stated that staff would send the resolution to the LGC along with an opinion letter from the County Attorney following the Board’s consideration and approval. She stated that the other part of the item was for Chairman Powell and Commissioner Sims to follow up with the fire chiefs to confirm their understanding that this is for a 10-year program with Stryker for this equipment and the ongoing annual maintenance for the equipment that they will be receiving. Vice-Chairman Sims stated that he called over half of the departments and talked with the fire chiefs. He stated that there were a couple who were not for the program. He stated that he would not be discussing which departments are not for the program. He stated that this was not a unanimous decision. He stated that everyone that he talked to was concerned about the cost and that it was a lot of money. He stated that as a County Commissioner, he feels that if this program were denied, what does that say to the public, that we are not concerned about citizens’ safety, health, and saving lives. He stated that the fire chiefs understood that it would help the fire departments and the first responders. He stated that based on the discussions that were had, it would be a benefit to have it. Chairman Powell stated that he spoke with half of the fire chiefs. He stated they voiced concerns about cost, but stated you cannot put a value on saving someone’s life. He stated that Public Safety is a priority in Person County. He stated that that we have got to do what is best for the County and to provide countywide equipment of the same type and quality to be consistent throughout the County. Sims asked if there would be any extra cost associated with the insurance. Cathey advised that she did not know what impact that would be. She stated that it would be an increase as it does involve adding some equipment, and as we upgrade our equipment, that equipment will be at a higher value. She stated that the insurance would fluctuate year to year dependent upon what we have insured and what is depreciated versus what we have added. She stated that the County would work with the insurance carrier to address this issue. Commissioner Puryear asked if any of this equipment is scheduled to be put on any of the PATS vehicles. Transportation Director Mitch Fleig stated that it was mentioned that the PATS vehicles may possibly get AED’s. Interim Finance Officer Tracy Clayton advised that the PATS building, not the vehicles, would be receiving the AED’s. Puryear asked if you have to have a certification to operate the AED’s. Cathey advised operating an AED does not require certification. September 16, 2024 27 A motion was made by Commissioner Palmer and carried 5-0 to approve the Resolution Authorizing Filing of an Application to the LGC related to Stryker and the ALS360 Program for Approval of a Financing Agreement Authorized by NC General Statute 160A-20. September 16, 2024 28 September 16, 2024 29 PROPOSAL TO CLOSE A PORTION OF STATE ROAD 1333, COUNTRY CLUB ROAD Economic Development Director Brandy Lynch presented the following information related to the proposed road closure of State Road 1333, Country Club Road. NCDOT classifies SR-1333 Country Club Road as a Secondary Road. The proposed road closure would be for 3,800 feet. September 16, 2024 30 The Person County Mega Park Presentation is available on the Person County EDC website. The background is the conceptual drawing. This presentation provides key points on the Person County Mega Park. September 16, 2024 31 The acreage of the Person County Mega Park is approximately 1,350 acres, with only 948 acres buildable due to multiple streams and wetlands on the site. September 16, 2024 32 Letters received from the Person County Tax Administrator and the Person County Transportation Director. September 16, 2024 33 September 16, 2024 34 To ensure the potential road closure would have minimal effects on the school buses, both Person County Schools and Bethel Hill Charter School were contacted. Both had the opportunity to review their bus routes and provided letters. In 2022, an average of 1,000 vehicles per day travelled this section of Country Club Road, which is 250 vehicles less per day than the average Secondary Road in Person County. With relatively few homes and businesses in the area, traffic volume is due to vehicles crossing through the area into other parts of the County. If the proposed section of Country Club Road is abandoned, those vehicles would need to detour around the area to continue across the County. September 16, 2024 35 Here are a few other data points from the 2022 NCDOT traffic study. They are all near Person County Mega Park. The section of the road proposed for closure only has two landowners. With relatively few homes and businesses in the area, traffic volume is due to vehicles crossing through the area into other parts of the County. Examples of detours and mileage September 16, 2024 36 Examples of detours and mileage Examples of detours and mileage September 16, 2024 37 Examples of detours and mileage Example of detours and mileage September 16, 2024 38 Example of detours and mileage EMS Base 1 is located at 216 W. Barden Street in Roxboro, serving as the primary EMS response agency for northern Person County. The intersection of Country Club Road and Edwin Robertson Road is 6.8 miles from EMS Base 1. September 16, 2024 39 If the proposed section of Country Club Road is abandoned, the intersection can be reached by traveling Woodsdale Road and Edwin Robertson Road for a total of 9.5 miles. Areas to the north and west of the intersection will require detours along Oak Grove Road or McGhee’s Mill Road, adding about 1 mile to the driving distance. These calculations are made on the assumption that the ambulance is leaving from the main EMS station on Barden Street. Dispatches may involve sending the closet available unit. Various factors such as, the starting location of the responding unit, traffic, and weather may influence response times. For life-threatening calls, first responders are dispatched alongside an ambulance and often arrive on the scene faster than an ambulance coming from the city. The Ceffo Fire Department has been designated as the primary responder for the portion of Country Club Road that is under consideration for abandonment. This road section covers approximately 3,800 feet from 1650 to 2350 Country Club Road, where it intersects with Edwin Robertson Road. The area in question falls within Ceffo Response Zone 2, which has specific response plans for emergencies. If this segment of Country Club Road is abandoned, emergency vehicles coming from the north and east (Triple Springs and Cluster Springs) would have to take a detour of approximately 3.5 miles to reach homes just south of the closure. Response plans can be adjusted to account for this detour and modify the order of response accordingly. September 16, 2024 40 Fire Insurance Impacts: Fire districts were established using road mileage calculations. On April 21, 2021, the Person County Board of Commissioners adopted a map which defines fire insurance boundaries. After recalculating road mileage, it was found that the proposed abandonment of the segment of Country Club Road will not have any impact on the boundaries; therefore, the approved map will remain unchanged. September 16, 2024 41 Lynch provided clarity on the necessity of the road closure. She stated that the County began work on the Person County Mega Park almost a decade ago. She stated that the Mega Park is approximately 1,350 acres and has multiple 230kV lines as it is located between two of Duke Energy’s power plants, affectionately known as Hyco and Mayo Plants. She stated that Duke Energy recognized the uniqueness of this site. She stated that Golden Leaf paid for a water line to be brought to the site. She stated that the waterline is 12”, with a capacity of up to 5M gallons a day, if needed. She stated that other positives for the site are its location, as it is miles from Highway 501, it is close to multiple colleges, and an hour away from an international airport. She stated that the Person County Mega Park is one of only six in the state. She stated that it was boasted as a NC- Certified site until January 2024, when it lost its certification, as the County needed to hold a minimum 2-year option on the site. She stated the site does have some negatives. She stated that topography is one of those negatives. She stated that there is a 100-degree drop from the center of Country Club Road to the bottom of the site. She stated that of the approximate 1,350 acres, only 949 acres are usable due to the numerous wetlands on the site. She stated that rail is another issue. She stated that there is rail near the site that can be accessed, but the rail line to the site would have to be owned and maintained by the tenant. She stated that the Norfolk and Southern Rail Line would also need upgrades that the tenant may have to pay for. She stated another negative, is that Person County is not home to an interstate. She stated that it was reported in 2021, that the County had invested over $2M, not including staff time in the Mega Park. She stated that this significant financial commitment, along with the additional $50K spent on site surveys and countless staff hours, underscores the County’s dedication to the success of the Person County Mega Park. She stated that the “donut hole” was also secured, further demonstrating the County’s substantial investment in the project. She stated that the US Army Corp Permit was secured by the County in September of 2020 and is good for ten years. She stated that getting the permit on the front end of a project would cut the usual time of twelve - eighteen months to secure a permit down to six. She stated that the County had to submit a site plan to the Corps, and the site plan presented earlier from 2017 includes the road closure and the structure to be in the middle of Country Club Road. She stated that one of the most important aspects of Economic Development is confidentiality. She stated that business is competitive, and knowledge of your competition’s plans makes an uneven playing field. She stated that there are times when a leak in the project has been the reason a community lost a project. She stated that there are Non-Disclosure Agreements (NDA) usually involved. She stated that sometimes, an Economic Developer does not know the investment, footprint, employees, or company until an announcement is made. She stated that it is not that she does not want to tell the public what the prospects are, it is that she cannot tell or may not even know. She stated it would be a lot easier to share than having to filter questions that she cannot answer. She stated that she will not allow her actions to hurt this County. She stated that if the road is closed, it will be challenging for a while. She stated that often change is necessary for progress. She stated that Person County has many needs, and one of the ways to meet these needs is through financial support. She stated that while economic development is not solely about attracting new businesses, it is essential to generate the tax revenue needed for growth. September 16, 2024 42 Lynch stated that she is a life-long resident of Person County, and that she always strives to make decisions that benefit Person County, a place that she and her family call home. Chairman Powell expressed thanks to Lynch for her informative presentation. He stated that everybody wants new industry, and new businesses, and sometimes it comes with a cost or pain. He stated that he has sat in the room over the years with potential prospects, and some pointed out the road going through the property dividing it, and that was an issue. He stated that the desire is to not have a road dividing the property. He stated that this is the best opportunity the County has had so far at this site. Vice-Chairman Sims stated that he has received multiple calls and emails from concerned, and not so happy citizens about the road closure and the Mega Park. He stated that most he has spoken to want to know what company is going there, is it American or foreign, how many jobs will it bring, and will there be an alternate route for Country Club Road due to the closure. He stated that if we had more information that we could share with citizens about this project, it might make it a little bit easier. He stated that confidentiality is very important and that potential companies have said that if you leak this out, the deals over. He stated that he thinks it is pretty safe to say if the County does not close this road the deal is done. County Manager Katherine Cathey stated that closing the road is very important to the development of this parcel. Sims asked if the Board decides to close the road, and the deal falls through, could we open the road back up. Cathey advised yes, that it would have to go back through a process with NC DOT. Commissioner Palmer asked Lynch how many site visits have there been from potential prospects. Lynch stated at least sixty over the course of the past year, none of which wanted to purchase the entire acreage. Palmer stated that we have 39,000 people in this County, and if 1% disapproves, that we are doing a disservice to the other 99% if we do not look at what is best for the County. Commissioner Puryear stated that you are not going to make everyone happy. He stated that looking back over the years, and various other projects, for example, the landfill expansion, he stated that you have to make difficult decisions on behalf of the overall County. Commissioner Thomas stated that he totally agrees, and that this is going to be a very hard decision. Lynch stated that this is the strictest NDA she has been under, and that she was advised that if one peep gets out, the County will lose this project. No action was taken by the Board as this was informational only in preparation of the public hearing for the proposal to close a portion of State Road 1333, Country Club Road, which is to be heard on September 24, 2024. September 16, 2024 43 CHAIRMAN’S REPORT: Chairman Powell stated that he attended the Kerr Tar COG Cultivate 2024 forum that was held last week at Louisburg College. He stated that he was impressed by the delegation from Person County that took their time to drive to Louisburg and be a part of that big event. He stated that he believes maybe twenty people from Person County were present. He stated that the overall program was focused on Rural Development in North Carolina. He stated that the event provided a lot of information on Economic Development in towns and counties with panelists addressing various topics, such as tourism. He expressed thanks to Economic Development Director Brandy Lynch for being a part of the event, and that she did an outstanding job. MANAGER’S REPORT: County Manager Katherine Cathey stated that there will be a Community Forum in the Auditorium beginning at 5:30 p.m. highlighting the programs offered by DSS, followed by an interactive forum. She stated that County staff, as well as the Consultants with CCR will be hosting this event. She stated that it is an opportunity for the public to come and learn more about DSS services, and share their experiences with the programs that are offered by DSS. She stated that on September 24, 2024, the Board has called a Special Meeting which will be held in room 215 regarding the proposed road closure of a portion of Country Club Road. She stated that the public is welcome to come and speak during the public hearing which will begin at 6:00 p.m. She stated that the public hearing for the proposed UDO will be on October 7, 2024, which is a regular meeting. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims stated that on September 4, 2024 he attended the PCC Collaboration Meeting, and it was very informative. He stated that he attended the Kerr Tar COG Summit in Louisburg, and he was also impressed with the attendance from Person County. He stated that he would like to investigate what Ms. Childers brought up about Enbridge during informal comments. He stated that at some point, the Board would need to meet and speak with Enbridge. Commissioner Palmer stated that he apologizes for not attending the Patriot’s Day ceremony, as well as the PATS and Rec Board meetings. Commissioner Puryear stated that he attended the Patriot’s Day ceremony, and that it was well attended. Commissioner Thomas encouraged the public to attend the DSS forum on September 17, 2024, and to attend the Board of Commissioners’ Public Hearing on September 24, 2024. He advised all to come to the meetings and to listen and learn. September 16, 2024 44 A motion was made by Commissioner Palmer and carried 5-0 to enter in to closed session at 10:54 a.m. CLOSED SESSION #1 A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and Economic Development Director Brandy Lynch. Chairman Powell called the closed session to order at 10:56 a.m. A motion was made by Vice Chairman Sims and carried 5-0 to return to open session at 11:21 a.m. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 11:22 a.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman