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10-07-2024 Meeting Minutes BOCOctober 7, 2024 1 PERSON COUNTY BOARD OF COMMISSIONERS October 7, 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 October 7, 2024 at 6:00 p.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 Sims led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the agenda. PROCLAMATION DESIGNATING OCTOBER AS DOMESTIC VIOLENCE AWARENESS AND PREVENTION MONTH: Geraline Faulkner, Shelter Manager of Safe Haven stated that she has been with Safe Haven for six and a half years. She stated that Safe Haven provides advocacy for referrals for counseling. She stated that they help people find clothes, food, and shelter. She stated that Safe Haven believes that everyone should be violence free. She stated that Safe Haven works hard to make sure everyone is safe. She stated that Safe Haven is important, and they hope that Person County recognizes that they do a lot of good work. Vice-Chairman Sims read a Proclamation proclaiming October 2024 as Domestic Violence Awareness and Prevention Month. A motion was made by Commissioner Palmer and carried 5-0 to adopt a Proclamation declaring October 2024 as Domestic Violence Awareness and Prevention Month. October 7, 2024 2 October 7, 2024 3 PUBLIC HEARING: CONSIDERATION OF APPROVAL OF TEXT AMENDMENT TA-01-24 TO ADOPT THE PERSON COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for Consideration of Approval of Text Amendment TA-01-24 to Adopt the Person County Unified Development Ordinance (UDO). County Manager Katherine Cathey presented the following: October 7, 2024 4 October 7, 2024 5 October 7, 2024 6 October 7, 2024 7 October 7, 2024 8 October 7, 2024 9 October 7, 2024 10 October 7, 2024 11 The following individuals appeared before the Board to speak in favor of Consideration of Approval of Text Amendment TA-01-24 to Adopt the Person County Unified Development Ordinance (UDO). Jay Jennings of 155 High Rock Road, Hurdle Mills expressed thanks to the Board and staff for allowing him to speak. He stated that he is in favor of the UDO, and also in opposition of the UDO. He stated that he would like to commend the Planning Board for the long and burdensome task they have worked at to get to this point. He stated that at the Planning Board Public Hearing he had commented about a provision that approved plats had thirty days to be recorded and the Planning Board did recommend a change to reflect sixty days. He stated that his rationale is that thirty days was too short, especially if you have family property being transferred and the family members may be in different states, and then having to get the deeds to and from. He stated that sixty days will help in that situation. He stated that he has concerns related to the family subdivision provision being taken out of the ordinance. He stated that he feels a little bit better about that in seeing that there was a change in state law a few years ago that offers an option for a three-lot subdivision if you have greater than five acres. He stated that the subdivision road provisions do not define width. He stated that he is not recommending holding up the adoption of the document; however, he was glad to hear that there is a provision for review and potential future changes, so in case there is some wording that comes out that needs to be changed. He stated that in the current subdivision ordinance that was adopted March of 1987, there are nine exclusions to the definition of a subdivision. He stated that he could not find this through an internet search of General Statutes. He stated that it was his recollection that a local bill was filed on behalf of Person County that changes the definition of subdivision from the state definition, and he does not know if that needs to be taken into consideration. He stated that most of those provisions are covered in the wording of the new document; however, it does not refer to a General Statute or local bill. County Attorney T.C. Morphis, Jr. stated from his recollection, that the family subdivision exemption does not have a minimum or maximum right-of-way width, and if you do this kind of subdivision, it is exempt from County plat subdivision requirements. The following individuals appeared before the Board to speak in opposition to Consideration of Approval of Text Amendment TA-01-24 to Adopt the Person County Unified Development Ordinance (UDO). Joe Berryhill of 705 Berryhill Road, Roxboro stated that he and his brother began working on their RV park in 2018, and it was completed in 2022. He stated that in 2017 Duke Energy had a major outage, and the workers were coming in from everywhere, and they had no place to stay. He stated that Duke Energy bought buses and was bussing the workers to the plant to work. He stated that is when and why he and his brother started their RV park. He stated that the RV park opened in May 2022, with 33 lots, and within two weeks they were full. He stated that they are now permitted for 109 lots, and presently have 85 active lots. October 7, 2024 12 Berryhill stated that most of his tenants work for Duke Energy, and he has some there that are working on the Moriah Energy Center (MEC), some that are workers that build solar panels in Virginia, and even travelling nurses. He stated that there is a need for RV parks. He stated he was opposed to the new regulations for RV parks in the County. He explained that workers who come to the County for major projects, for example, the Duke Energy plants, stay for an extended period of time, and will be an even bigger need in the coming years as the County grows. He stated that in the proposed UDO, it requires those in RV parks to vacate every 180 days. He stated what would vacating every 180 days accomplish, where would they go, and who would regulate this. County Attorney T.C. Morphis, Jr. stated that in other jurisdictions where they have a 180-day limit, the concern is that the RV units can become permanent dwellings. He stated that you do not want to have permanent water and sewer, and electrical hookups, to what is essentially temporary housing that is not inspected under the State Building Code. Julie Maybee of 1037 Younger Road, Roxboro stated that she has been a public servant since 1984. She stated that she has worked as the Planning Director, Code Enforcement Officer, and Building Inspector. She pleaded with the Board to table the adoption of the UDO until all provisions are in place, and to work on the inconsistencies. She stated that the ordinance needs to be done right. She stated that she had concerns related to the requirements for short-term rentals, prohibition of cabins at RV parks, and how existing development rights are determined. She stated that speaking from the Tourism Development Authority standpoint, short-term rentals represent about 38% of the revenue that comes in. She stated that she commends the Planning Board and the County Commissioners for initiating this process, as it has been needed for a long time. Scott McKinney of 220 Crestwood Drive, Roxboro stated that serving on the Economic Development Commission and PCBIC Board has allowed him to dig into the past about economic development activity here in Person County. He stated that he comes before the Board this evening, representing those entities. He stated concerns of PCBIC’s efforts to build a transloading facility on Woodsdale Road to support the flow of raw materials and finished products via rail and truck. He stated that the project on Woodsdale Road is not completed and might not be a permitted use in the UDO. He asked the Board to amend the Permitted Use Table to allow the facility as it would be allowed under the current definitions. Tabitha George of 5190 Pixley Pritchard Road, Timberlake stated that she is against some of the provisions in the UDO. She stated that some of the items in the agenda packet do not reflect the Planning Board’s intentions. She stated that the consultants suggested reducing the buffer for heavy industrial uses from 150 feet to 20 feet, altered driveway requirements, and wording is unclear on the recommended plant list as to whether it is required to be used or not. She stated that she was concerned that many of those things would create hardships for residents of the County. October 7, 2024 13 A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for Consideration of Approval of Text Amendment TA-01-24 to Adopt the Person County Unified Development Ordinance (UDO). CONSIDERATION TO GRANT OR DENY APPROVAL OF TEXT AMENDMENT TA-01-24 TO ADOPT THE PERSON COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) Chairman Powell stated that the Planning Board has worked extremely hard for a long time and has had some very lengthy meetings going over this document, line by line, and word by word. He expressed thanks and appreciation to all involved with the document. He stated that there is no doubt that the document needs to be right and consistent. He stated that there is no rush to adopt the UDO. He stated that there has never been any timeline given by the Board to get this done. He stated time was not of the essence. He stated that the public has questions that the Board needs to address to the best of their ability. He stated that he has concerns related to RV parks, short-term rentals, and internet cafes. Vice-Chairman Sims expressed thanks to all that spoke during the public hearing. He stated that the document is not going to be perfect. He stated that he had concerns related to RV parks. He stated that workers coming here to Person County need a place to stay, and there is a shortage of these type of facilities to accommodate the people coming in to do construction jobs with our growing County. He stated that we need to be able to accommodate these people, so they will be able to work here and spend their money here. Commissioner Palmer stated that he spent six hours so far reviewing 400 out of 600 pages. He stated that it racked his brain, as it is really confusing. He stated that he had multiple concerns with the proposed UDO, one of which is RV parks, with concerns related to the setback requirements, requirement of a pump and haul when they already have sewer and septic. Commissioner Puryear expressed thanks to the Planning Board for putting time and hard work into this, as well as all those involved in this project over the past two years. He stated that this is a very fluid document. He stated that he is in agreement with Powell; there is no timeline. He stated it just needs to be done right. He stated that he had multiple concerns about the document, to include RV parks and family subdivisions. He stated concerns of enforcement, and stated, who would be enforcing the ordinance. He stated that the County is at a disadvantage right now, as they do not have a Planning Director. He stated that when the ordinance is approved, it will not make everyone happy, but the Board wants to get it where everyone is comfortable. He stated that campgrounds and RV parks are going to be in demand very soon, and that this Board has to look at making sure it is done right. He stated that he would like to table this until the County has a Planning Director in place, and to get their input on it. October 7, 2024 14 Commissioner Thomas stated that he thinks this item needs to be tabled. He stated that you are not going to make everyone happy. He stated that a lot of hard work was put into this. He voiced concerns related to setback requirements, RV park units to be vacated after 180 days, and zoning permits for boat docks, even though that falls under the Lake Authority, as it is Duke Energy’s property. He stated that it is going to take time to go through this document to get it right. He stated that he is not in favor of moving forward with adoption of this document at this time. A motion was made by Commissioner Puryear and carried 5-0 to table Text Amendment TA-01-24 to Adopt the Person County Unified Development Ordinance (UDO), to be able to receive feedback and information from the County Manager and staff through the process of hiring a new Planning Director, and is not to be officially considered for a vote until 30 days after the hiring of the new Planning Director, and has a full work session with the Board. 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 it is very interesting how the rules of the public hearings seem to vary from subject to subject. She stated that at the last meeting, Brandy Lynch made a flippant remark about the blasting of bedrock is the reason our town is named Roxboro. She stated that if she had a dollar every time this past year that she had heard this trope, she would have enough money to move away from the Moriah Energy Center (MEC). She stated unfortunately, that is not the case; instead, she gets to live in a house that literally shakes when the blasting of bedrock takes place. She stated that remarks like this from our town leaders are only funny for the people who do not have to live it on a daily basis. She stated that on September 16, 2024 a pipeline in Deer Park, Texas exploded. She stated that pipeline spewed toxic chemicals and black soot into the air for four days. She stated accidents like this happen too often around our country. She stated that is the reason that she and others asked the Board and Dominion on November 6, 2023, what are the emergency preparedness and the emergency management plans for this site. She stated that it is now eleven months later, and she has not received any answers. She stated that this rural area has little to no cell service. She stated that if electricity and internet go out, how will these people know what to do if there is an accident at this facility. She stated that citizens are being told that everything is being done to mitigate accidents. She stated that the risk is real. She stated that is why they are called accidents and “not on purposes”. She stated that accidents are why it is vital to have air monitors. She stated that citizens need to know what is in the actual air that they are breathing and not just what Dominion predicts will be in the air that we are breathing. She apologized for missing the road closure meeting. She stated that she did however watch it. October 7, 2024 15 Childers stated it was then that she realized that the Person County Commissioners, who are elected by the citizens to represent them in important decisions, like road closures bringing new industries are not being included in this very important process. She stated that from what she heard at that meeting, four people were included on this process. She stated because of that, she implores each one of the Commissioners to not vote on anything until they have all the facts presented to them. She stated only one of those four people is a County Commissioner, an elected official. She stated that sounds like a dictatorship to her. 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 16, 2024, B. Approval of Minutes of September 24, 2024, C. Approval of Minutes of September 27, 2024, D. Resolution Appointing Review Officers, E. Resolution to Modernize the Official Seal of Person County, F. Resolution to Reduce the Width of a Private Road Right-of-Way Width, G. Statewide Mutual Aid Agreement, and H. Call for Schedule of Values Public Hearing NEW BUSINESS: PERSON COUNTY TOURISM DEVELOPMENT AUTHORITY ANNUAL REPORT Person County Tourism Development Authority (PCTDA) Annual Report presented by PCTDA Executive Director Julie Maybee. She stated that the PCTDA is committed to promoting growth of responsible tourism through marketing strategies and programs that balance economic growth, and the need to preserve the natural and cultural heritage of Roxboro and Person County. She stated that PCTDA is dedicated to going above and beyond to meet the needs of their tourism partners, attractions, and businesses, to assist them in promoting their events to encourage visitors to visit. She stated that visitor spending within Roxboro and Person County has increased by 6.6% to $55.2M. She stated that the amount of payroll that was generated from that investment was $11.2M. She stated that in Person County 314 people were employed in the tourism sector with the grant monies or the occupancy taxes that were collected. She stated that the PCTDA is not supported by taxpayers, it is through occupancy tax collected, and that the PCTDA Board awarded $124,528 in grants to local tourist attractions and events. She stated that is why it is important on short-term rentals, as they represent a great percentage of the PCTDA’s income. She stated that the PCTDA puts back into the community. She stated that she included highlights in the report. October 7, 2024 16 Maybee provided some examples of things supported by the PCTDA, such as the Person County Veterans Council 10th Anniversary Give Back Celebration, Hawkins Loop Bird Festival, Flem Whitt Beach Music Festival, Person County Friends of the Parks, Person County Little League, Person County Museum of History, Rox N’ Roll Cruise-In, Personality Festival, Willow Oak Music Festival, and many more. She expressed thanks to the PCTDA Board, and stated without their guidance and assistance the PCTDA would not be able to do their job. She stated that PCTDA’s Assistant Director of Marketing and Communications, Katie Ann Brann, does a wonderful job getting the word out. She advised everyone to check out PCTDA new website. October 7, 2024 17 October 7, 2024 18 APPOINTMENTS TO BOARDS AND COMMITTEES Clerk to the Board Michele Solomon presented to the Board interested citizen applications for consideration for appointment to boards and committees, and requested the Board to nominate for appointment as deemed appropriate. Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 2 positions available for a citizen under the age of 21(one may be a member of the public representing the interests of families of at-risk juveniles); and 1 position available for a Juvenile Defense Attorney, and up to 4 citizens-at-large positions 1) Maria Elexson requests appointment for citizen-at-large 2) Latisha Linzsey requests appointment for citizen-at-large 3) Melissa Padgett requests appointment for citizen-at-large A motion was made by Commissioner Puryear and carried 5-0 to appoint Maria Elexson, Latisha Linzsey, and Melissa Padgett to the Juvenile Crime Prevention Council for a 1-year term. Piedmont Community College Board of Trustees 4-Year term: 1 position available to fill an unexpired term to 06/30/2028 1) Phillip Allen requests appointment 2) Allison Stephens requests appointment A motion was made by Commissioner Palmer and carried 5-0 to appoint Phillip Allen to the Piedmont Community College Board of Trustees to fill an unexpired term to June 30, 2028. Recreation Advisory Board 3-Year Term: 1 position available to fill an unexpired term to 06/30/2026 1) Katie Ann Brann requests appointment A motion was made by Commissioner Puryear and carried 5-0 to appoint Katie Ann Brann to the Recreation Advisory Board to fill an unexpired term to June 30, 2026. October 7, 2024 19 CHAIRMAN’S REPORT: Chairman Powell reported that he attended various meetings. He expressed thanks to those who have helped with the relief efforts in the western part of the state. MANAGER’S REPORT: County Manager Katherine Cathey advised that Country Club Road will be closed effective tomorrow, October 8, 2024. She stated that construction will begin in the morning to begin closure of the road. She expressed thanks to everyone, including staff, for their relief efforts in the western part of NC. COMMISSIONER REPORT/COMMENTS: Vice-Chairman Sims expressed thanks to Geraline Faulkner, with Safe Haven, for all that their agency does to provide and assist with domestic violence. He stated that Safe Haven organized the Domestic Violence Awareness Month Kick-Off Event, which is being held on October 9, 2024 at 9:00 a.m. at PCC in Room S100. Commissioner Palmer expressed thanks to everyone that has helped with the relief efforts in the mountains, and encouraged all to help. He stated that he provided a monetary donation to assist with relief efforts. He stated that he attended Relay for Life, and it was a huge event that was well-attended. Commissioner Thomas expressed thanks to everyone that has helped with the relief efforts in the western part of the state. He stated that yesterday he took part in delivering items to western NC, which consisted of three tractor trailers, that went to Old Fort, Chimney Rock, and Madison. Commissioner Puryear had no report. October 7, 2024 20 A motion was made by Commissioner Puryear and carried 5-0 to enter in to closed sessions at 7:36 p.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., Economic Development Director Brandy Lynch, Health Director Janet Clayton, and Environmental Health Supervisor Bonnie Holt. CLOSED SESSION #2 A motion to enter into Closed Session #2 per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine Cathey Chairman Powell called the closed sessions to order at 7:37 p.m. A motion was made by Vice-Chairman Sims and carried 5-0 to return to open session at 9:19 p.m. ADJOURNMENT: A motion was made by Vice-Chairman Sims and carried 5-0 to adjourn the meeting at 9:20 p.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman