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03-09-2020 Meeting Minutes BOC March 9, 2020 1 PERSON COUNTY BOARD OF COMMISSIONERS MARCH 9, 2020 MEMBERS PRESENT OTHERS PRESENT B. Ray Jeffers Heidi York, County Manager Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear C. Ronald Aycock, County Attorney Gordon Powell C. Derrick Sims The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, March 9, 2020 at 9:00am in the Person County Office Building Auditorium. Chairman Jeffers called the meeting to order. Commissioner Powell offered an invocation and Commissioner Clayton led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Jeffers noted the need to add a Closed Session to the agenda to discuss economic development. A motion was made by Commissioner Clayton and carried 4-0 to add a Closed Session to the agenda to discuss economic development. A motion was made by Commissioner Puryear and carried 4-0 to approve the agenda as adjusted. RECOGNITION OF LOCAL GOVERNMENT DAY: Chairman Jeffers welcomed the Person High School students enrolled in civics and economics participating in Local Government Day to observe the Board of County Commissioners in session. Chairman Jeffers and Commissioners Clayton, Puryear and Powell proceeded to introduce themselves and shared general information about the office of a commissioner and general government. County Manager, Heidi York, Clerk to the Board, Brenda Reaves and County Attorney, Ron Aycock also introduced themselves. Other County staff present that introduced themselves included Chris Puryear, IT Director, Charles Lunsford, IT Web Master, Sheriff Dewey Jones, Interim Assistant County Manager/Assistant Finance Director and Budget Manager, Laura Jensen, Economic Development Director, Sherry Wilborn, Planning Director, Lori Oakley, Kayla DiCristina, Planner, General Services Director, Ray Foushee, Cooperative Extension Director, Bo Freeman and District Court Judge for Judicial District 9A. Judge John Stultz. March 9, 2020 2 CANDIDATE NOMINATION FOR REPUBLICAN COMMISSIONER VACANCY: After discussing this appointment process at the Board’s February 18th meeting, Chairman Jeffers sent a request for a nomination of a qualified person to the Person County Republican Party Executive Committee. A nomination was received on February 20th for Mr. Derrick Sims as the candidate for the Board to consider appointing. Once the Board votes a candidate into the vacant commissioner seat, the candidate will serve to the first meeting in December. NCGS163-115(d) requires that the replacement to serve out the remainder of the unexpired term, be elected in the general election. A nomination shall be made by the county executive committee of each political party and the names of the nominees shall be printed on the general election ballots. Chairman Jeffers asked the Board to consider appointment of the candidate to fulfill the vacant seat to December 7, 2020 and request the Board of Elections to contact the executive committees of each political party for a nomination for a name to appear on the November General Election ballot to fulfill the unexpired term to December 2022. A motion was made by Commissioner Puryear and carried 4-0 to appoint Charles Derrick Sims to fulfill the republican vacancy on the board of commissioners to December 7, 2020. SWEARING-IN CEREMONY: Chairman Jeffers introduced the Honorable John Hoyte Stultz, III, District Court Judge for Judicial District 9A. Judge Stultz administered the Oath of Office to Mr. Charles Derrick Sims. The Board and staff congratulated Commissioner Sims. Commissioner Sims, the newest member of the commissioners, introduced himself to the audience. A motion was made by Commissioner Clayton and carried 5-0 to authorize Chairman Jeffers to request the Board of Elections to contact the executive committees of each political party for a nomination for a name to appear on the November General Election ballot to fulfill the unexpired term from December 2020 to December 2022. March 9, 2020 3 PUBLIC HEARING: CONSIDERATION TO ENACT A MORATORIUM ORDINANCE FOR ALL NEW SOLAR ENERGY SYSTEMS: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for consideration to enact a Moratorium Ordinance for all new solar energy systems. County Attorney, Ron Aycock presented a Solar Energy Systems Development Approval Moratorium Ordinance to the Board for consideration for adoption. He provided an overview and explained the Board’s intent for the moratorium was for a period to allow staff and the Board to determine the criteria for its own update to regulate solar farms. Mr. Aycock stated the required notice was published for the Board to conduct its public hearing to hear comments. Speaking in favor of the proposal to enact a Moratorium Ordinance for all new solar energy systems was the following individual: Mr. Ray Foushee of 8930 Hurdle Mills Road, Hurdle Mills stated support of a Moratorium Ordinance and for the Board to study ordinance regulations to curb the number of solar farms in Person County. Mr. Foushee stated the Hurdle Mills community, a rural unified community felt a proposed 350+ acres in solar farm was not a fit. He asked the Board to regulate the sizes of solar farms with consideration to increase the buffers for residential uses and property lines. There were no individuals appearing before the Board to speak in opposition to the proposal to enact a Moratorium Ordinance for all new solar energy systems. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for consideration to enact a Moratorium Ordinance for all new solar energy systems. CONSIDERATION TO GRANT OR DENY REQUEST FOR A SOLAR ENERGY SYSTEMS DEVELOPMENT APPROVAL MORATORIUM ORDINANCE: A motion was made by Commissioner Clayton and carried 5-0 to adopt a Solar Energy Systems Development Approval Moratorium Ordinance, as presented. March 9, 2020 4 March 9, 2020 5 PUBLIC HEARING: PETITION TA-01-20 REQUEST TO AMEND THE ORDINANCE REGULATING AUTOMOBILE GRAVEYARDS AND JUNKYARDS TO REQUIRE SCREENING OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS FROM PUBLIC ROADS AND FROM ADJACENT PROPERTIES THAT CONTAIN PUBLIC USES: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for a request to amend the Ordinance Regulating Automobile Graveyards and Junkyards from public roads and from adjacent properties that contain public uses. Planning Director, Lori Oakley stated all state statutes and planning ordinance requirements been met for this public hearing. Ms. Oakley noted the proposed text amendment required legislative review by the Board at a public hearing and the NC General Statutes required that when reviewing a text amendment, the Board also include with their motion a statement as to whether the proposed text amendment was reasonable and consistent. Ms. Oakley introduced Petition TA-01-20, a request by the Person County Planning staff on behalf of the Person County Board of Commissioners, to amend the Ordinance Regulating Automobile Graveyards and Junkyards in Person County to require screening of junkyards and automobile graveyards from public roads and from adjacent properties that contain public uses. Ms. Oakley said the current text requires junkyards and automobile graveyards to be screened from public roads, adjacent properties containing dwellings and adjacent properties containing public uses, such as schools and playgrounds. Existing vegetation can be utilized to count towards the screening requirements. The proposed text amendment requested to Sections Five, Six and Seven of the Ordinance Regulating Automobile Graveyards and Junkyards in Person County will require screening for junkyards and automobile graveyards from public roads and from adjacent properties that contain public uses, such as schools, playgrounds and recreational uses. “Recreational uses” was added to the text to further elaborate on examples of public uses. Under the new text, screening will not be required along the perimeter of a parcel that is adjacent to a dwelling if that area of parcel is not visible from a public road or public use. Existing vegetation will continue to be allowed to be utilized to meet screening requirements where applicable. March 9, 2020 6 Ms. Oakley stated the proposed text will be beneficial to properties that are larger in size, in particular properties that have a junkyard or automobile graveyard on a smaller portion of the property as the proposed text will not require the entire length of the side yard or rear yard to be screened. March 9, 2020 7 Ms. Oakley stated Planning Staff recommended approval of TA-01-20. The proposed text will amend screening requirements of junkyards and automobile graveyards so that they are not visible from public roads and from adjacent properties that contain public uses. Ms. Oakley included the following Statement of Reasonableness and Consistency: The text amendment request is consistent with the Comprehensive Plan and future planning goals and objectives of Person County. It is reasonable and in the public interest as it will provide clear regulations in the Ordinance Regulating Automobile Graveyards and Junkyards in Person County. Ms. Oakley noted that at the February 13, 2020 Planning Board, at its meeting, made two separate motions on the proposed text amendment, TA-01-20: The Planning Board voted unanimously (7-0) to add the word “also” to the second sentence in Section Six Applicability. Section Six will read: This Ordinance also applies to all commercial and industrial uses. The Planning Board also voted unanimously (7-0) to recommend denial of the proposed text amendment. The board felt that the proposed language was not consistent with the Comprehensive Plan and future planning goals and objectives of Person County. The board stated that the proposed amendment is not reasonable and it is not in the public interest. Ms. Oakley asked the Board of Commissioners to vote to approve or deny the requested text amendment TA-01-20 with or without the Planning Board’s modifications/recommendations noting the Board must also include a Statement of Reasonableness and Consistency with the motion. County Manager, Heidi York reminded the group that the ordinance is enforceable following staff review when a complaint was received. Commissioner Clayton voiced his issue with the unintended consequences that the proposed text amendment may affect. Commissioner Puryear stated the proposed text amendment would give more latitude to the Planning Director on a case-by-case basis. Speaking in favor of the request to amend the Ordinance Regulating Automobile Graveyards and Junkyards from public roads and from adjacent properties that contain public use were the following: March 9, 2020 8 Mr. Larry Weaver of 2028 Lucy Garrett Rd, Roxboro stated he was in favor of the proposed text amendment as he advocated to have the right to do what he wanted to do on this own property. He described a neighborly feud with the adjacent property owner to the rear of the property and his desire to not screen his property on all four sides. Mr. Weaver noted he had screened his collectible car projects from the view of Lucy Garrett Rd on the front and partial side of this property already. Mr. Paul Weaver of 838 McGhees Mill Rd, Roxboro, and the son of Mr. Larry Weaver, said he listed on his property tax the non-registered frames, trailers and body parts that lay in progress for construction. He also stated he restores cars and farm equipment. Mr. Weaver stated opposition to a neighbor harassing his father by complaining for his property to be screened on all sides. There were no individuals appearing before the Board to speak in opposition to the request to amend the Ordinance Regulating Automobile Graveyards and Junkyards from public roads and from adjacent properties that contain public uses. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for a request to amend the Ordinance Regulating Automobile Graveyards and Junkyards from public roads and from adjacent properties that contain public uses. CONSIDERATION TO GRANT OR DENY REQUEST TO AMEND THE ORDINANCE REGULATING AUTOMOBILE GRAVEYARDS AND JUNKYARDS FROM PUBLIC ROADS AND FROM ADJACENT PROPERTIES THAT CONTAIN PUBLIC USES: A motion was made by Commissioner Puryear to disagree with the Planning Board recommendation and to grant the request to amend the Ordinance Regulating Automobile Graveyards and Junkyards from public roads and from adjacent properties that contain public uses per staff recommendation noting the request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. A substitute motion was made by Commissioner Clayton and failed 2-3 to table action until next month to allow time to review the ordinance for unintended consequences for individuals refurbishing collectible cars, and complaints for a farm with equipment not in plain view for an adjacent property owner as well as halt enforcement until action was taken. Chairman Jeffers and Commissioner Clayton voted in support of the substitute motion. Commissioners Puryear, Powell and Sims voted in opposition of the substitute motion. The original motion carried 5-0 to enact the text amendment. March 9, 2020 9 PUBLIC HEARING: PETITION TA-02-20 REQUEST TO AMEND ARTICLE VII SECTION 74 PROCEDURE FOR SPECIAL USE PERMITS AND APPENDIX C TABLE OF PERMITTED USES OF THE PLANNING ORDINANCE TO REVISE THE CAMPER/RECREATIONAL VEHICLE PARK INTERNAL STREET PAVING STANDARDS: A motion was made by Commissioner Sims and carried 5-0 to open the duly advertised public hearing for a request to Amend Article VII Section 74 Procedure for Special Use Permits and Appendix C Table of Permitted Uses of the Planning Ordinance to Revise the Camper/Recreational Vehicle Park Internal Street Paving Standards. Planning Director, Lori Oakley introduced County Planner, Kayla DiCristina who would be presenting this case, TA-02-20. Ms. DiCristina stated all state statutes and planning ordinance requirements were met for this public hearing. Ms. DiCristina noted the proposed text amendment required legislative review by the Board at a public hearing and that the NC General Statutes required that when reviewing a text amendment, the Board also include with their motion a statement as to whether the proposed text amendment was reasonable and consistent. Ms. DiCristina explained the request, TA-02-20 by the Person County Planning Department staff on behalf of the Person County Planning Board to amend Article VII Section 74 Procedure for Special Use Permits and Appendix C Table of Permitted Uses of the Person County Planning Ordinance in order to revise the current Camper/Recreational Vehicle Park internal street paving standards noting in the fall of 2019 the Person County Planning Board directed Planning Department staff to research paving standards for camper/recreational vehicle parks in surrounding jurisdictions. Following review of the compiled research, the board members wanted to implement similar camper/recreational vehicle park paving standards to those in place in Franklin County, North Carolina. These regulations provide paving standards for roads in camper/recreational vehicle parks that are similar to those applied to paving standards for private roads within subdivisions. The amendments requested to Article VII Section 74 clarify when street paving is required for internal streets in Camper/Recreational Vehicle Parks and to what standard gravel roads must be constructed. The amendment requested to Appendix C Table of Permitted Uses provides a reference for applicants to efficiently locate Camper/Recreational Vehicle Park Requirements. March 9, 2020 10 March 9, 2020 11 March 9, 2020 12 Ms. DiCristina said that the Planning Board, at its meeting on February 13, 2020, voted 7-0 to approve the requested text amendment TA-02-20 with a recommendation to modify the proposed language in Section 74-1B Subsection 4(a). This approval also included the following Statement of Reasonableness and Consistency: The request is consistent with the Person County Land Use Plan and future-planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. Specifically, Objective 3.2 to ensure that streets within new developments are properly designed, built, and maintained. Ms. DiCristina stated Planning Staff recommended approval of TA-02-20 with the Planning Board’s modifications. The proposed text amendment will provide clarity for applicants and provides regulations for campers that are similar to private road standards for subdivisions. Ms. DiCristina requested the Board of Commissioners to vote to approve or deny the requested text amendment, TA-02-20, with or without the Planning Board’s modifications as well as include a Statement of Reasonableness and Consistency with the motion. Chairman Jeffers confirmed with Ms. DiCristina that a RV lot serving six or more lots, the road(s) would have to be paved. Ms. DiCristina stated the Planning Board was concerned about the noise from the movement of the recreational vehicles to be a nuisance. Ms. DiCristina stated the proposed amendment would be for any future new construction applications and that this amendment would not be applicable to any RV parks that exist. There were no individuals appearing before the Board to speak in favor of or in opposition to the request to Amend Article VII Section 74 Procedure for Special Use Permits and Appendix C Table of Permitted Uses of the Planning Ordinance to Revise the Camper/Recreational Vehicle Park Internal Street Paving Standards. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for a request to Amend Article VII Section 74 Procedure for Special Use Permits and Appendix C Table of Permitted Uses of the Planning Ordinance to Revise the Camper/Recreational Vehicle Park Internal Street Paving Standards. March 9, 2020 13 CONSIDERATION TO GRANT OR DENY REQUEST TO AMEND ARTICLE VII SECTION 74 PROCEDURE FOR SPECIAL USE PERMITS AND APPENDIX C TABLE OF PERMITTED USES OF THE PLANNING ORDINANCE TO REVISE THE CAMPER/RECREATIONAL VEHICLE PARK INTERNAL STREET PAVING STANDARDS: A motion was made by Commissioner Puryear and carried 4-1 to deny the request to amend Article VII Section 74 Procedure for Special Use Permits and Appendix C Table of Permitted Uses of the Planning Ordinance noting the request was not consistent with the Person County Land Use Plan and future planning goals of the county. It is not reasonable and not in the public interest as it does not meet the objectives listed in the Person County Land Use Plan. Commissioner Clayton cast the lone dissenting vote. INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Mr. Jason West of 1802 Jack Pointer Rd.,Semora made an emotional plea with the Board of Commissioners to review his appeal related to his one-year suspension from all Recreation Department activities because of his actions during a youth game in 2019. Mr. West stated on the day of question, he asked the umpire for the game time and when he questioned his response, he was ejected from the game without a warning. Mr. West stated he has four children, three of which participate in county recreational programs. He added he was a coach for eleven years and felt the accusations of his behavior were unfair. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of January 21, 2020, B. Approval of Minutes of February 3, 2020, C. Approval of Minutes of February 18, 2020, and D. Budget Amendment #15 March 9, 2020 14 NEW BUSINESS: FY2020 ROAP REALLOCATIONS: Ms. Laura Jensen, Interim Assistant County Manager stated the NCDOT released ROAP funds for FY2020, but changed the requirements for allocating funds than what was originally anticipated. Originally, transit systems were to have the ability to use funds in categories that best fit the needs of their service. Now, systems must use funds as allocated by NCDOT. Staff recommended the following sub allocations to the Transportation Advisory Board at their March 4, 2020 meeting, which the TAB approved: Agency FY2020 Original Allocations FY2020 Recommended Reallocations Percentage of Program Allocation PATS RGP $84,353.27 $85,416.00 100% EDTAP $39,796.26 $33,154.20 45% Employment $0.00 $9,269.76 71% PATS Total $124,149.53 $127,839.96 Senior Center EDTAP $13,000 $11,051.40 15% Senior Center Total $13,000.00 $11,051.40 Person Industries EDTAP $35,000.00 $29,470.40 40% Employment $0.00 $3,786.24 29% PI Total $35,000.00 $33,256.64 Ms. Jensen requested the Board to approve the reallocations as approved by the Transportation Advisory Board A motion was made by Commissioner Puryear and carried 5-0 to approve the FY2020 ROAP reallocations, as presented. March 9, 2020 15 CHAIRMAN’S REPORT: Chairman Jeffers announced the Board of Commissioners, or a potential majority, would be joining the Person County Farm Bureau’s board meeting this date starting at 7:00pm at the Farm Bureau office located on Winhaven Street, Roxboro. Chairman Jeffers reported the NACo's South Region Caucus elected him to fulfill a term to 2021 as the new NACo South Region Representative for twelve states which allows him to be a member of the NACo board of directors as well as gives Person County a seat setting federal policy. He added he met the President of the United States, Donald Trump as well as key liaisons in the President’s Administration. Chairman Jeffers congratulated the Timberlake Volunteer Fire Department (VFD) on lowering their district ISO fire rating from a 9 to a 4 and commended their efforts to do so. He indicated that other VFDs have plans to be reviewed for a lower ISO fire rating within the next year. Chairman Jeffers rescinded his request to his fellow commissioners to take on the duties of former commissioner David Newell, Sr.’s board and committee assignments noting he was asking Commissioner Sims to take on the board and committee assignments for the Animal Services Committee, the Library Board, the PATS Transportation Advisory Board, the Person County Partnership for Children Board and the Person County Senior Center Advisory Committee. Chairman Jeffers asked if a local Taskforce related to the impact of the Coronavirus was needed. County Manager, Heidi York stated she recently met with the Health Director, Janet Clayton and the Human Resources Director Lisa Alston. She said the plan was to reach out to county medical partners to informally share information and resources. She added a weekly update to employees via email is expected. Chairman Jeffers addressed the informal comments of Mr. Jason West as he is the commissioner representative on the Recreation Advisory Board; he said Mr. West appealed his suspension to the Recreation Disciplinary Committee and the suspension was upheld. Chairman Jeffers said the Board of Commissioners was not set as an appeal authority to the Recreation Advisory Board even though the Board appoints those members. Chairman Jeffers questioned the authority of an advisory board and asked commissioners to provide feedback to him as deemed appropriate. March 9, 2020 16 MANAGER’S REPORT: County Manager, Heidi York announced the hiring of a director for the PATS department, Mr. Kurt Neufang. She added interviews were held for the position of Fire Marshal with an announcement forthcoming. Ms. York said she would be meeting the next two weeks with all county departments as well as the schools and PCC hearing budget requests that will be considered for the Manager’s Recommended Budget which will be delivered to the Board in May. COMMISSIONER REPORT/COMMENTS: Commissioner Powell had no report. Commissioner Clayton congratulated Chairman Jeffers on his appointment with NACo as the South Region Representative. Commissioner Clayton stated while at the NACo legislative conference he attended the Environmental Committee meeting noting approval nationwide for push back of the rules for the Waters of the US. Commissioner Puryear had no report. Commissioner Sims thanked his fellow commissioners for their support of his nomination. CLOSED SESSION #1 A motion was made by Commissioner Clayton and carried 5-0 to enter into Closed Session at 10:44am per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and Economic Development Director, Sherry Wilborn. Chairman Jeffers stated the Board would take a 15-minute recess and reconvene for the Closed Session in the Board usual meeting room 215. Chairman Jeffers called the Closed Session to order at 10:55am. Commissioner Puryear was absent from the Closed Session. A motion was made by Commissioner Sims and carried 5-0 to return to open session at 11:07am. March 9, 2020 17 RECESS: A motion was made by Commissioner Powell and carried 5-0 to recess the meeting at 11:07am until 7:00pm with the Person County Farm Bureau Board at its Office on Winhaven Street, Roxboro. ********************************************************* Chairman Jeffers called the recessed meeting to order at 7:00pm at the Person County Farm Bureau Offices located on Winhaven Street, Roxboro. He thanked the Person County Farm Bureau Board of Directors for inviting the Board of Commissioners to have a discussion related to the impact of solar farms in Person County. In attendance from the Board of Commissioners were Chairman Jeffers and Commissioners Powell and Clayton. In attendance for the Person County Farm Bureau were: President Coleman Whitfield, Vice-President Jimmy Thomas, Secretary John Foushee, Roy Carver, Donnie Clayton, Mickey Clayton, Atwill Day, Derek Day, Alan Lawson, Allan Newton, Sharon Rogers, and Phillip Whitfield. Also in attendance were David Thomas and Hunter Thomas, YF&R members, Tadashi Totten, District 5 Field Representative, Harry Walters, Agency Manager and Melisa Barker, County Liaison. Chairman Jeffers informed the Farm Bureau Board that a moratorium has been enacted to find an ordinance for pertaining to solar farms and he asked the Farm Bureau representatives to provide input from what they thought farmers across the county may want or not want to happen in regard to solar farms. Commissioner Powell continued by saying that he felt Person County has reached saturation and he mentioned that one concern would be requirements on returning farms to their original state. Commissioner Clayton went on the say that solar farms started out at just a couple of hundred acres and have now expanded so limiting the size of tracts could be part of possible regulations set forth. The concerns mentioned are why the Board of Commissioners has asked for input and guidance from farmers but also stressed that the state will ultimately decide on what regulations will be developed. Chairman Jeffers urged that the Commissioners would like to promote responsible growth in the county. The Farm Bureau Board asked questions and had some discussion pertaining to some of the concerns that were mentioned by the commissioners and were asked to develop a list to present to the Board of Commissioners that may be used for developing regulations and deciding the future for solar farms in Person County. March 9, 2020 18 President Coleman Whitfield thanked the commissioners for coming and told them the board would deliberate at the next scheduled meeting. ADJOURNMENT: A motion was made by Commissioner Powell and carried 3-0 to adjourn the meeting at 8:00pm. _____________________________ ______________________________ Brenda B. Reaves B. Ray Jeffers Clerk to the Board Chairman