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01-07-2019 Meeting Minutes BOC January 7, 2019 1 PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 7, 2019 MEMBERS PRESENT OTHERS PRESENT David B. Newell, Sr. Heidi York, County Manager Gordon Powell C. Ronald Aycock, County Attorney Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear B. Ray Jeffers The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, January 7, 2019 at 7:00pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Newell called the meeting to order. Commissioner Powell gave an invocation and Commissioner Clayton 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. PUBLIC HEARING: SUP-05-18 SPECIAL USE PERMIT REQUEST BY DAVID WALKER FOR A RECREATIONAL VEHICLE PARK ON 16.66 ACRES LOCATED ON ALLIE CLAY RD (A PORTION OF TAX MAP & PARCEL 58-1) IN THE R (RESIDENTIAL) ZONING DISTRICT: A motion was made by Commissioner Powell and carried 5-0 to open the duly advertised public hearing for a Special Use Permit request by David Walker for a Recreational Vehicle Park on 16.66 acres located on Allie Clay Rd (a portion of Tax Map & Parcel 58-1) in the R (Residential) Zoning District. The public hearing set to hear a Special Use Permit request by David Walker for a Recreational Vehicle Park on 16.66 acres located on Allie Clay Rd (a portion of Tax Map & Parcel 58-1) in the R (Residential) Zoning District required a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject to cross examination, no ex parte communication and requires findings of fact. Chairman Newell administered the Oath of Sworn Testimony to the following individuals who would offer testimony during the public hearing: Lori Oakley, Maggie Gaster, T.J. Gaster, Brad Walker, Bill Tougas, Marty Hartshorn, Jennifer Grant, Tim Grant, Bill McClymont, John D. Wall, Analia Alvarez, Nick Walker, Norman Walker, Richard Hawks, William Jones, David Burch, Adam Walker, Victoria Walker, Emily Nester, Tammy Holt, Nancy Shotwell, Joshua Holt and Terry Nealy. Chairman Newell established a 30-minute time limit for each side (“for” and “against”) for those who had signed up and were sworn in to offer testimony. Vice Chairman Jeffers suggested to give each individual two minutes each to which was agreed. January 7, 2019 2 Planning Director, Lori Oakley shared the following presentation and stated all zoning ordinances and state statutes have been met for this public hearing. Ms. Oakley pointed out Allie Clay Road with N. Main Street/501 on the West bordering the site. The Highland Place Subdivision was approved by the Commissioners January 7, 2019 3 in 2004 and the existing portion of the subdivision is in Phase I as outlined on the following map: January 7, 2019 4 Phases II, III and IV are the remaining lots which the applicant proposed to use 16 acres for the RV Park Development; specifically Phase III and a portion of Phase IV were proposed for the Park. January 7, 2019 5 January 7, 2019 6 Ms. Oakley said the applicant was present and they would be sharing a PowerPoint presentation with the Board. January 7, 2019 7 Chairman Newell called on Mr. Brad Walker, the applicant, of 1125 Walkerfield Drive, Rougemont, who indicated Ms. Maggie Gaster would be presenting the PowerPoint and would need more than two minutes to which Chairman Newell agreed. Speaking in favor of the Special Use Permit request by David Walker for a Recreational Vehicle Park on 16.66 acres located on Allie Clay Rd (a portion of Tax Map & Parcel 58-1) in the R (Residential) Zoning District were the following: Ms. Maggie Gaster of 5919 Jameson Rd, Rougemont said she was working with her father on the RV Park project. Ms. Gaster stated she had provided handouts of the presentation to the Board for reference. She apologized for not having the information that will be presented at the Board of Commissioners’ public hearing at the Planning Board’s public hearing. Ms. Gaster noted they do have the findings that the Planning Board members were curious about. The presentation follows: January 7, 2019 8 January 7, 2019 9 January 7, 2019 10 January 7, 2019 11 January 7, 2019 12 January 7, 2019 13 January 7, 2019 14 January 7, 2019 15 Ms. Gaster pointed out on the map convenience stores, a grill, a car wash, manufacturing along old 501 with a parachute manufacturer as well as another manufacturing building. Also, she noted the power plant, rental houses, residential homes, and apartments, all creating a good mix of everything in that area. Ms. Gaster said the RV Park would be in harmony with all in existence now. January 7, 2019 16 January 7, 2019 17 January 7, 2019 18 January 7, 2019 19 Vice Chairman Jeffers asked the applicant, Mr. Walker to address the phasing of the 87 sites as to when they would be complete; Mr. Walker stated one year to 1 ½ years with many variables to consider. January 7, 2019 20 Mr. T.J. Gaster of 5919 Jameson Rd, Rougemont stated he works with Phelps Realty in Hillsborough; he said he and Mr. Phelps have 34 years of experience in residential sales, real estate market, comparative market analysis and appraisals. Mr. Gaster stated he used MLS regarding concerns of property devaluation to drop a pin on two different RV sites. The first was Triangle RV Park in Durham located on 5909 Wilkins Drive. Mr. Gaster stated he looked at a 4-mile radius of the Triangle RV Park to find out that over the last three years, the real estate market sold 293 homes or were under contract with the high being $1.4M and the low $99,000 with an average price of $428,169. Mr. Gaster said he could not find any devaluation of property. He would not say that property would increase because an RV Park comes in but he could not find it. Mr. Gaster said an increase in property is due to economic growth over the past three years. Mr. Gaster noted the other pin he dropped was Jones Station located at 2710 Jones Drive; the 4-mile radius showed 328 homes sold in the last 3-years with the high being $1.5M and the low being $36,600 with the average at $238,615. Mr. Gaster noted his agreement with the findings that he could not find any properties that were de-valued by an RV Park. Chairman Newell asked Mr. Gaster if he had any comparisons showing before and after the RV Park to which he said no. Mr. Gaster said he was going to look at Hyco Lake but considering that was considered a vacation area, he did not noting home values are so high already at that location. Chairman Newell called on Mr. Walker who indicated he would like to go last. Mr. Bill Tougas. Person County Airport Manager of 385 Montgomery Drive, Timberlake stated he receives many calls for RV storage; during their aircraft fly-in events(10-15) they have a request to keep RVs onsite which they don’t care to have at the airport. Mr. Tougas said to have a RV Park locally would be a great benefit along with everything else for the economy. Ms. Marty Hartshorn of 2501 Corinth Rd, Moncure addressed the need of a RV Park based on patient needs for housing at Duke Hospital and UNC Hospital. She said most people coming into Duke would be much more comfortable in their RV than in a hotel room, especially when facing death. Ms. Hartshorn stated she had spoken with patient affairs services that handle 200-400 requests per week with most referred to other resources for solutions. She added Duke handles 5,000-10,000 people per year that are mostly from outside of North Carolina looking for a place to stay when getting treatment at Duke. She added the Ronald McDonald house can accommodate 22 families as well as some host families. For UNC, Ms. Hartshorn said the Southeast Credit Union has a facility for 35 families. Mr. Hartshorn said both were very inadequate. She shared her personal experience noting her husband was diagnosed and given the death sentence in 2004 and was forced to come to Duke, the only hospital available for the treatment he needed. She said Duke gave them help once they were here but they were grief stricken and scared and a Comfort Inn was not the way to do it. She said this RV Park would provide for those needs for people at Duke and UNC hospitals for a safe haven and the comfort of their own RV. January 7, 2019 21 Vice Chairman Jeffers asked permission for the speakers to give the county to which they reside. Mr. Hartshorn stated she resides in Chatham County. Ms. Jennifer Grant of 2026 Terry Rd, Durham said she did not have anything to add but noted she was in favor of approval of the RV Park and encouraged the Board to vote in favor. She added she resides in Durham County. Mr. Tim Grant of 2026 Terry Rd, Durham repeated the same as his wife, also from Durham County. Mr. Bill McClymont of 385 Montgomery Drive, Timberlake stated he was interested in who would occupy this park when he found out about it. He noted a study by Jill Fjelstul in July 2014 titled a RV Association Members' Profile: A Demographic Segmentation and Lifestyle Exploration that outlined in its 16 pages that close to nine million households in the United States have RVs and was estimated at $37B economy. He added that a survey was distributed to 100,000 members of a large RV membership association. A total of 30,539 surveys were returned, resulting with a total of 30% return rate. Additionally, approximately 2/3 of the respondents were retired with 50% being age 65 or older, 32% are age 50-64 (indicated 82% over the age of 50), and 37% of the RV owners from the south, 29% from the west, and 20% from the mid-west and 13% from the northeast. Mr. McClymont said there is a good population of owners here in this area. He added the survey clustered the RV owners into destination, or touring RVs noting there is a robust RV industry with most of people being age 50 and older. Mr. McClymont also referenced a chart that listed crime as a function of age noting the statistics are way down for the demographic for RV campers. He said the proposed RV Park would improve the finances and reputation of the county and therefore will be a positive step. Mr. McClymont stated he resides in Orange County but has property in Person County. Mr. John D. Wall of 1536 Charlie Tapp Rd, Roxboro (Person County) noted he grew up in Durham right down the street from the Triangle RV Park that was brought up as an example earlier. He said he was friends with the Manager of that particular facility and would see really Class A Motor Homes with trailers behind them go into the RV Park. He said he looked into it and they were patients at Duke for the cancer center for long-term treatment. Mr. Wall said the Manager noted they had more requests than they would handle, constantly turning people away; he had a waiting list for people to get in there. Mr. Wall echoed the need for this type of facility. He added he owns a RV noting it was a quick get-away, go anywhere to take up residence and spend money for whatever amount of time you are there. He said it would be beneficial to Person County to have a place where people could go and spend money. Ms. Analia Alvarez of 1536 Charlie Tapp Rd., Roxboro stated she was in favor. Mr. Nick Walker of 182 Summerwalk Cr., Chapel Hill stated he was in favor of noting he resides in Orange County. January 7, 2019 22 Mr. Norman Walker of 5317 Norman Rd, Rougemont stated he was in favor of noting he lives in Orange County. Mr. Richard Hawks of 3237 St. Mary’s Rd, Hillsborough stated he resides in Orange County and was “for” the park which gives a great economic chance for the county. He added he currently has a plane at the airport and there is need and will add growth. Mr. Hawks said he has known Mr. Walker for 20+ years and he is always positive, works well with his children, super guy and could see nothing but positivity from this. Mr. William Jones of 3554 Mt. Harmony Church Rd, Timberlake stated his concerns on the impact of the value of property noting he owns 13 acres adjacent to lots 60-68. Mr. Jones added he felt there was a need for more research on whether the property value will drop so he voiced he was against the proposed RV Park. Mr. David Burch of 8401 McFee Rd., Rougemont, and a local restaurant owner in Roxboro. He said he lives in Orange County but make his money in Person County. He stated the project was very good and that Mr. Walker had built the smoke house at the restaurant noting he had nothing but good things to say about Mr. Walker and 100% being for this project. Mr. Adam Walker of 107 Crescent Hill Ln., Rougemont stated he was “for” the RV Park from an economic standpoint. He said he lives in Orange County but has lot of business in Person County as a contractor. He said it would be good for the economy to bring more people and money from the RV Park as they would generate profit for all the businesses to further him and all to make money. Ms. Victoria Walker of 1424 Concord Church Rd, Roxboro stated she resides in northern Person County and was “for” the RV Park. She said Ms. Gaster is her daughter and it will boost the economy in Person County and aesthetically improve the property in the area. Chairman Newell asked if there was anyone else that would like to speak in favor of the proposed RV Park. Hearing none, he proceeded to the hear comments from those who oppose it. Speaking in opposition to the Special Use Permit request by David Walker for a Recreational Vehicle Park on 16.66 acres located on Allie Clay Rd (a portion of Tax Map & Parcel 58-1) in the R (Residential) Zoning District were the following: January 7, 2019 23 Ms. Emily Nester of 45 Eli Court, Roxboro stated she may need more than two minutes to which was agreed. Ms. Nester stated she lives at a 50 ft. mark from the proposed RV Park (she pointed to her location on the map). Ms. Nester reminded the group that this was about proving facts. She said she and her finance’ made a life altering decision of purchasing their home in the developing subdivision because of the communicated plans to complete the subdivision as previously proposed noting now the developer wants to change these plans to something that they did not sign on for. Ms. Nester provided handouts, one being the restrictive covenants that the developer gave residents of the subdivision that 1) states that they are not allowed to utilize trailers as temporary or permanent rental unit, 2) must have stick built or modular homes that maintain a specific roof pitch and general outward appearance, and 3) cannot alter the conditions of these covenants without an approval of the majority of the property owners. Ms. Nester said she did not feel he could utilize one of the unfinished phases of the subdivision, which happens to be directly adjacent to her newly constructed home for something that he would not allow subdivision residents to do on their own property. Ms. Nester stated the Walker presentation regarding the potential economic impact of the project was interesting but irrelevant to the decision because the Commissioners must affirm each finding of fact in order to approve the request and none of the findings speak to the economic impact to the community. Ms. Nester provided the following information regarding those facts. Finding #2 stipulates the use meets all required conditions and specifications; Ms. Nester said one of these requirements is providing water and sewer service. Included in the handouts Ms. Nester provided correspondence dated January 7, 2019 from the City of Roxboro to Trevor Seate (her finance’) showing that approval has not yet been obtained for water/sewer for anything other than the continuation of the previously approved subdivision. Finding #3 stipulates the use will not substantially injure the value of adjoining/abutting property or that the use is a public necessity; Ms. Nester stated that while the developer has addressed this item, that testimony might suggest there will be no negative impact to the property value, the fact remains that there has been no new evidence submitted to verify this, there are no comps in the area to use for a basis. Section 71-1 of the County Ordinance stipulates it is the responsibility of the developer to prove that there will be no negative impact; Ms. Nester stated she did not believe that this has happened. As T.J. Gaster mentioned, Ms. Nester said Triangle RV Park does not have a subdivision or houses within 50 ft. like the proposed RV Park will have. Ms. Nester stated that T.J. Gaster is not an appraiser to say if this would devalue the property. Finding #4 stipulates the location and character of the use if developed according the plan, as submitted and approved, will be in harmony with the area in which it is to be located in general conformity of the Comprehensive Plan; Ms. Nester passed around poster boards containing photos. Ms. Nester stated the first poster board shows aerial shots of three other RV Parks sites as well as the proposed site. Ms. Nester showed these parks are located in sparsely populated and in primary undeveloped areas adjacent to fields and wooded areas. Ms. Nester said the second poster board shows examples of the existing homes in their subdivision and the proposed RVs. Ms. Nester said she believed the Commissioners can agree that one is not like the other and like Mr. Walker planned to do 18 years ago. Additionally, Section 60-7 of the County Zoning Ordinance stipulates that RVs and campers may not be used for dwelling purposes and no more than one may be stored on a single lot. Ms. Nester said this proves the County has January 7, 2019 24 already affirmed a RV is not the same as a single-family dwelling, and therefore, not the same character as an existing phase of the subdivision. Ms. Nester noted the final handout contained signatures of almost all residents of the subdivision (some did not answer the door) agreeing that the proposed RV Park did not meet the character. Ms. Nester asked the Commissioners to deny the proposed request as all required facts cannot be affirmed for this project. She added that not only the findings of fact were not affirmed, but asked the Commissioners would they want this RV Park in their back yard or a nearby neighbor. Ms. Tammy Holt of 320 Allie Clay Rd, Roxboro, said she lives just up the hill, noting her parents live next door to it and she owns land that would be adjoining. Ms. Holt stated concerns of the RV Park with nothing around it other than trees, which may cause wandering onto her property that has a pond, which becomes a liability to them. Ms. Holt said she had lived here all her life, either up the hill or down the hill. Ms. Holt said an RV Park was already approved for the county within three miles to house 100+ RVs. She said they drove the distance and it was within three miles. She added that was a whole lot of RVs to be coming in supposedly. Ms. Holt said traffic is already heavy from the trucks from the power plant (she lives directly across from the power plant) noting trucks that are loaded have to come in from the N. Main St. to the plant. She said they have become a cut-through with traffic from the new road to N. Main St. With these traffic issues, throwing in 80 more RVs mean even more traffic. Ms. Holt stated the proposed RV Park is not in harmony with the neighborhood noting she has more sympathy for the people living in the subdivision noting they bought that property and the nice homes with the pretense that the whole thing would be a subdivision with homes in it. She said she did not think the Board would appreciate, within 50 ft. of their home and backyard, had a RV Park sitting in it; when the property was bought they were told that there was going to be homes in the subdivision. Ms. Holt addressed the comps within four miles noting there are people that live within 50 ft., not four miles. Ms. Holt noted that all those in favor of the RV Park with the exception of one, two or three live out of the county, and not faced with it in their neighborhood. Ms. Holt said they already have a power plant in their neighborhood and that’s enough to deal with already. Ms. Holt noted they do not know if it will devalue the property and knows it will not increase the property. Ms. Nancy Shotwell of 276 Allie Clay Rd, Roxboro stated she lives beside the proposed site. She said she didn’t have much to say as people have done a good job covering it so far. She asked the people that live out of town to bear in mind that she and others live at this place. Ms. Shotwell stated she wasn’t saying people that go to the hospital or work outages don’t need a place for a RV to be parked; she has worked at a power plant and know what the outage people are like and there are good ones there. She said she also knows how they behave when they don’t see a lady around. Ms. Shotwell stated she was against it. She said she was not against Brad Walker and knew what he was trying to do. Ms. Shotwell said they fought against the power plant and they put it in on a land use type thing. At the last meeting, it was stated that trucks would not be a problem because of the thoroughfare from 501 to the Bypass however, she recalled the issue with trucks noting at 7:00am the trucks are coming. She said they were not rowdy and good about it; she described tractor trailers lined up on the side of the road and she could not see January 7, 2019 25 how to get out in the road. Ms. Shotwell says this creates more for the people that live there to deal with noting the people are not bad people. She noted NCDOT checks the weight loads on the trucks very often. Ms. Shotwell said she talked with the Manager of the power plant and he said the trucks had to come off 501 to their road due to the weight loads, 3/10th of a mile to the driveway of the plant. She said RV lots would only add to that with the many trucks lined up. Ms. Shotwell said it was a nightmare and they have seen changes, lived them, seen that road grow from a few houses to where it is now. She said she used to know everybody by name but now they did not know the neighbors. Ms. Shotwell stated crime has gone up in that neighborhood noting there was some young men getting into trouble breaking into houses on Allie Clay Rd. She said their house was broken into one night and it was not a good feeling at 3:00am and someone is in your house. Mr. Joshua Holt of 400 Allie Clay Rd, Roxboro stated he has 8.5 acres plat that is located approximately 600 ft. from the proposed RV Park. He said he lives in a 2.5-year- old house that Randy Moore built. He said he wanted to address a couple of issues raised from the last Planning meeting. He noted traffic concerns on Allie Clay Rd. due to resident’s use and the commercial use with Capital Power. Adding a RV Park will worsen the already bad traffic conditions especially in the morning when the roads are congested with semi-trucks. As Ms. Shotwell was saying, (his granny) the 6.5T weight limit with a .3 mile side of 501 that goes to the corner of his property; of course when the trucks are loaded, they will have to come by the RV Park. The Planning Board was concerned with the traffic conditions, however, Mr. Holt noted there was no mention from the Walker presentation nor any document by NCDOT stating it would not be a traffic concern. Mr. Holt stated that prior to the last Planning meeting, the Special Use Application states a zoning proposal sign would be put up October 30; the sign posted and readily visible as stated on page 3 of the Special Use Permit. The application was addressed on December 13th by residents and the Planning Board. Only after this concern was raised, did the sign appear for the RV Park to allow the neighbors to know of the proposed changes. Mr. Holt said they knew nothing of this. Currently, Mr. Holt stated he was attending Liberty University nearing the end of a Master of Business Administration; he added this by no means make him a professional in economics or business but he noticed the financial proposal for economic development seemed great but lacked unknown coefficients in the business model which concludes the $18.3M return to the county. Mr. Holt said Allie Clay Rd does not have mountains, a lake, a beach, Duke Medical or a UNC Chapel Hill noting all those are quite a ways away but there is a power industry for a little while longer in Roxboro. Mr. Holt noted contractors would most like be in the RV Park and crime is a function of age. However, Mr. Holt said he did not know how the nature of the clientele would prove any of the findings of fact. Mr. Holt said this park would not be in harmony with the community, which does not meet the four requirements. Mr. Holt noted many people for the park don’t live in Roxboro. Mr. Holt requested the Board to deny the RV Park from being on Allie Clay Rd. January 7, 2019 26 Mr. Terry Nealy, Plant Manager at Capital Power of 331 Allie Clay Rd, Roxboro thanked Ms. Shotwell for what she said about the plant. Mr. Nealy said they try to be good neighbors noting on any given day they have 35-55 transfer trucks and they regulate the trucks to help with the neighborhood. Mr. Nealy said he has been the Manager for three years; he said the trucks have been told not to come on the property until 7:00am. Mr. Nealy said at Capital Power, they have a 10-day outage so he did not see the campsites being full every day of the year. Mr. Nealy said he just came from the Myrtle Beach Campground and they were 30% full. Mr. Nealey noted he was neither for or against the RV Park but he does believe it will cause a traffic concern like Ms. Shotwell talked about. He said even when employees leave the plant, the parking lot is on the corner where this would be and they would have to look both ways especially with the shrubbery and bushes, it could be hard to see. Mr. Nealy stated that if anyone from his plant came to the campground and Ms. Shotwell or anyone had any problems, he could tell them they would not be welcome on his plant site. Mr. Nealy agreed it could be a congestion problem if there is to be 87 sites noting the pictures shown the RVs are as large as the transfer trucks. Mr. Nealy asked the Board to vote for what was best for Roxboro and Person County and not Orange County. Chairman Newell asked if there was anyone else that wanted to speak against the proposed RV Park; there were no more individuals that wanted to address the Board. Chairman Newell asked the RV Park would be subject to tourism tax. County Manager, Heidi York and County Attorney, Ron Aycock both stated they did not think so but would have to research. Chairman Newell asked the Planning Director, Lori Oakley if there were already deed restrictions on this property. Ms. Oakley stated if there are deed restrictions, the Planning Department does not enforce them and she would refer them to the developer. Chairman Newell said it would be hard for the Board to approve something that already has deed restrictions. Mr. Brad Walker, the applicant, stated there are no deed restrictions on phases II, III and IV noting they are not lots of record. Mr. Walker said there are deed restrictions in the first phase because each and every lot is a recorded lot. Chairman Newell asked if anyone else wanted to speak to the matter before the Board. Ms. Nester added that Mr. Walker should have brought that in for evidence for phases II, III and IV to let the residents know. Mr. Walker stated it was a matter of record at the county. January 7, 2019 27 A motion was made by Vice Chairman Jeffers and carried 5-0 to close the public hearing for a Special Use Permit request by David Walker for a Recreational Vehicle Park on 16.66 acres located on Allie Clay Rd (a portion of Tax Map & Parcel 58-1) in the R (Residential) Zoning District. CONSIDERATION TO GRANT OR DENY THE SPECIAL USE PERMIT REQUEST BY DAVID WALKER FOR A RECREATIONAL VEHICLE PARK ON 16.66 ACRES LOCATED ON ALLIE CLAY RD (A PORTION OF TAX MAP & PARCEL 58-1) IN THE R (RESIDENTIAL) ZONING DISTRICT: A motion was made by Vice Chairman Jeffers and carried 5-0 to deny the Special Use Permit request by David Walker for a Recreational Vehicle Park on 16.66 acres located on Allie Clay Rd in the R Zoning District. The Board also needed to address the Findings of Fact in Section 74-4 and whether this proposal was in keeping with the Person County Comprehensive Plan. The Board concluded that it was not in keeping with the Person County Comprehensive Plan with the following Findings of Fact: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. That the use meets all required conditions and specifications. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and 4. That the location and character of the use if developed according to the plan as submitted and approved will not be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan. January 7, 2019 28 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Tracey L. Kendrick of 717 Country Club Rd., Roxboro addressed the Board on their agenda item for a Change in Membership on the Economic Development Commission. Mr. Kendrick encouraged the Board to make the EDC less bureaucratic with more focus on business/industry. Rev. Dr. Theodora K. Moss, Founder/Director of Cedars of Lebanon made the group aware of a non-profit health foundation, Cedars of Lebanon Ministries, Inc. that advocated for seniors and their families and they engage with health care and service providers seeking the best quality of life throughout the aging process. Rev. Moss said this supportive program offers assistance to fill in the gap between services in order to meet the needs of the aging population. The address for more information is PO Box 204, Roxboro, NC 27573. 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 December 3, 2018, B. Budget Amendment #12, C. Request from the Sheriff Dept. to apply for Grants from: Governor’s Crime Commission, Person County United Way, Juvenile Crime Prevention Council, Wal-Mart and BVP, D. Resolution Supporting Juvenile Crime Prevention Council Allocation Expansion, and E. Transfer of County Surplus Vehicle to City of Roxboro Fire Dept. January 7, 2019 29 NEW BUSINESS: NCDOT UPDATE OF STIP U-5969 – US 501 (MADISON BOULEVARD): Mr. Robert Boot, Senior NEPA Planner / Project Manager, Transportation NEPA and North Carolina Department of Transportation (NCDOT) Consultant with ATKINS, a member of the SNC-Lavalin Group of 1616 East Millbrook Road, Suite 160 Raleigh gave the group an update of STIP U-5969 related to US 501 (Madison Boulevard). Also present in the audience was Mr. Ben Upshaw, NC DOT Project Manager. Mr. Boot stated that at the request of the Kerr-Tar Rural Planning Organization, the NCDOT proposed to convert US 501 (Madison Boulevard) from a 5-lane undivided roadway to a 4-lane median divided roadway from south of US 158 to North Main Street. Intersections and cross streets will also be reconstructed as part of this project and continuous sidewalks will be included along both sides of the roadway. The proposed project is approximately three miles in length and is included in the 2018-2027 North Carolina State Transportation Program (STIP). The purpose of this project is to improve safety in the area by limiting access and to enhance multi-modal facilities and mobility along the project corridor. Due to the extensive amount of development that is located on either side of the project, efforts will be made to keep right-of-way acquisition to a minimum. Along with improving the main roadway, changes will be made to some of the side streets along the project corridor. NCDOT has developed conceptual plans with a typical section that includes 4-12’ lanes, 17.5’ median and 5’ sidewalks on both sides. Proposed intersection treatments include right-in/right-out, full access and closed intersections. South Main Street (east side) and Johnson Street have also been re-aligned and will now intersect each other. These are shown on the roll plots. Mr. Boot shared the following presentation with the group: January 7, 2019 30 January 7, 2019 31 January 7, 2019 32 January 7, 2019 33 January 7, 2019 34 January 7, 2019 35 January 7, 2019 36 January 7, 2019 37 January 7, 2019 38 January 7, 2019 39 January 7, 2019 40 January 7, 2019 41 January 7, 2019 42 January 7, 2019 43 The Board thanked Mr. Boot for the update and asked whom should any questions/comments be forwarded to related to the project. Mr. Boot stated he and/or Mr. Upshaw would be the appropriate individuals for questions or comments. Mr. Boot gave the Clerk to the Board his business card for any such follow-up. January 7, 2019 44 SUBMISSION OF FISCAL YEAR 2019/2020 COMMUNITY SERVICES BLOCK GRANT APPLICATION: Ms. Shatarra Williams, Program Coordinator for the Community Services Block Grant (CSBG) / Project IMPACT with Telamon Corporation of 5560 Munford Rd. Ste. 107, Raleigh, appeared before the Board related to submission of the Fiscal Year 2019- 2020 Community Services Block Grant application on behalf of Caswell, Person and Rockingham counties. Telamon Corporation is a designated Community Action Agency for Caswell, Person and Rockingham counties and has received an allocation for FY 2019/2020 broken out into the following amounts per county: Caswell County - $47,417; Person County - $66,284; and Rockingham County - $181,798, totaling $295,499 for the three-county service area. Funding provides self-sufficiency services for low-income residents. State of North Carolina Administrative code required that the CSBG application be presented for review and comment to each county Board of Commissioners within 30 days of submission. The application narrative is due February 15, 2019. The packet includes proposed outcomes for service area counties; local funding will not be required to match the grant dollars allocated to these counties. Ms. Williams noted the application was in the review state. She further noted that each county’s Board of Commissioners; completed submission documentation will be added to final proposal. Ms. Williams thanked the Board for its continued support. She added that FY 2019- 2020 will be the third full year of operation. The Board acknowledged the proposed submission and had no further comments. January 7, 2019 45 RESOLUTION AMENDING THE PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION FOR A CHANGE IN MEMBERSHIP: Chairman Newell presented a Resolution Amending the Person County Economic Development Commission (EDC) for a Change in Membership; he requested the latest amendment to this Resolution to now have two commissioner representatives serve on the EDC, eliminating one of the member-at-large seats which previously represented private business. This second commissioner seat will have full voting rights and appointed by the Board of Commissioners. Vice Chairman Jeffers reiterated his preference to have a minority representative on the EDC to represent the 27% African American citizens, 4.6% Hispanic citizens, .7 American Indian citizens, .5 Asian citizens, 2.5% Others, and 1.6% citizens that are two races, thus for a total of 36.9% in Person County. Commissioner Jeffers requested consideration for the vacancy to be filled with a minority representative. Commissioner Puryear asked Chairman Newell if he had made his decision to serve on the EDC as the Board’s Chairman or if he would designate another commissioner to serve to which Chairman Newell stated he had not made his decision. Commissioner Powell stated with the reorganization of the EDC, the major objective was to create the most effective EDC with members from the community that were involved in business noting there has been no misrepresentation that he was aware of. He further noted all efforts for economic growth were for the full county. Commissioner Powell advocated to not break up the EDC and he was very proud of the EDC for the efforts over the last two years. Commissioner Jeffers stated the Board has talked about perception related to the Boards’ 3-2 votes; he asked what perception were they giving to the community when there were populations not represented and without a vote. Chairman Newell designated Commissioner Powell to serve as the commissioner representative with full voting rights. Commissioner Powell said he would be honored to serve on the EDC as the commissioner representative. A motion was made by Chairman Newell for the EDC vacant seat to be designated as a minority seat (with full voting rights, and a term to run concurrent as the other members-at-large and appointed by the Board of Commissioners) and to allow him (David Newell, Sr.) to serve ex-officio on the EDC as a non-board member, with no right to vote for one year. A motion was made by Commissioner Clayton and carried 5-0 to move the motion on the floor into two separate parts: 1) the EDC vacant seat to be designated as a minority seat with full voting rights, appointed by the Board of Commissioners for a term running concurrent as the other members-at-large and 2) appoint David Newell Sr., ex- officio non-board member, with no right to vote for one year. January 7, 2019 46 A motion was made by Commissioner Puryear and carried 5-0 to appoint David Newell, Sr. to the Economic Development Commission as an ex-officio, non-board member, without voting rights for a one-year term. A motion was made by Commissioner Puryear and carried 5-0 to designate a citizen-at-large seat on the Economic Development Board for a minority representation with a term to run concurrent as the other members-at-large and direct staff to advertise for interested citizen applications. January 7, 2019 47 January 7, 2019 48 January 7, 2019 49 January 7, 2019 50 AUTHORIZATION TO APPLY FOR USACE INDIVIDUAL PERMIT REQUEST FOR PERSON COUNTY MEGA PARK: Person County Business and Industrial Center, Inc. (PCBIC) has previously contracted with the Timmons Group to obtain assistance in applying for an Individual Permit Request from the US Army Corps of Engineers (USACE) in connection with the Person County Mega Park. Since PCBIC assigned its rights in the option contract to purchase the Mega Site property to Person County, it no longer has a property right in the site. The ultimate permit will be issued to the owner or optionee of the property. Thus, Person County and not PCBIC is the proper party to apply for the permit. (The owner of the property has granted the County the right to apply for all necessary permits for ultimate development as a part of the terms of the option agreement.) Ms. Sherry Wilborn, Interim Economic Development Director requested the Board of County Commissioners to authorize the Chairman to execute the necessary documents and instruments to apply for the USACE Individual Permit Request. A motion was made by Vice Chairman Jeffers and carried 5-0 to authorize the chair to execute the necessary documents and instruments to apply for the US Army Corps of Engineers (USACE) Individual Permit Request. AUTHORIZATIONS FOR PCBIC TO ACT FOR THE COUNTY: Person County Business and Industrial Center, Inc. (PCBIC) has traditionally acted as agent of the County in Economic Development matters. With the transfer of the option on the Person County Mega Park property from PCBIC to the County, it would be prudent for the Board of County Commissioners to ratify and reauthorize actions of PCBIC. As a part of continued due diligence, there is a pending contract to conduct a vibration study of the Mega Park which would involve access to, and minor disturbance of, the property for the purpose of seismograph installation. Other studies, surveys and the like may arise requiring access to the property over the course of the project. Ron Aycock, County Attorney and Sherry Wilborn, Interim Economic Development Director requested the Board to ratify all previous actions of PCBIC regarding the Person County Mega Park and to authorize PCBIC to act for the County in future actions related to the Mega Park, including but not limited to the vibration study at the site. A motion was made by Commissioner Clayton and carried 5-0 to ratify all previous actions of PCBIC regarding the Person County Mega Park and to authorize PCBIC to act for the County in future actions related to the Mega Park, including but not limited to the vibration study at the site. January 7, 2019 51 BID AWARD FOR WATERLINE CONSTRUCTION TO PERSON COUNTY MEGA PARK AND AUTHORIZATION TO EXECUTE CONTRACT: Sherry Wilborn, Interim Economic Development Director stated Person County has been awarded an infrastructure grant through the Rural Infrastructure Authority and the NC Department of Commerce to construct a waterline to the Person County Mega Park. On December 12, 2018, bids to construct were received and a recommendation for award was being presented by LaBella Associates Vice President and Senior Civil Engineer, Donald Garbrick and his son, Keith Garbrick, PE, LaBella Associates Southeast Regional Vice President. There were a total of four (4) bids received as follows: *Nonresponsive Bid Mr. Garbrick said that North American Pipeline Management, Inc. did not acknowledge Addendum No. 3 as required in the bid documents and therefore should be considered nonresponsive. Mr. Garbrick recommended the award should be made to the next lowest bidder H.G Reynolds Co. Inc. Also, the LaBella Associates, PC recommended that the Single-Prime Construction Contract be awarded to H.G. Reynolds Co., Inc. based on the total base bid of $1,180,250.00. Chairman Newell said the total base bid was under the grant funding awarded to Person County and asked if there was any plans to further construction to get use from all the funding to which Mr. Garbrick said LaBella was preparing an option to the NC Department of Commerce for a waterline extension into the Mega Park with the leftover funding. Ms. Wilborn requested the Board to award the contract, as recommended, to H.G. Reynolds Co., Inc., based on the total base bid of $1,180,250.00 and to authorize the County Manager to execute that contract. A motion was made by Commissioner Clayton and carried 5-0 to award the contract, as recommended, to H.G. Reynolds Co., Inc., based on the total base bid of $1,180,250.00 and to authorize the County Manager to execute that contract. Contractor Total Base Bid *North American Pipeline Management, Inc. $967,530.00 H.G. Reynolds Co., Inc. $1,180,250.00 Garney Companies, Inc. $1,376,632.00 JF Wilkerson Contracting Company $1,397,580.00 January 7, 2019 52 COMMISSIONER ASSIGNMENTS: Chairman Newell presented the Board of Commissioners committee assignments and asked for input for any changes. A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the Commissioners Assignments as follows: COMMITTEE ASSIGNMENTS Chairman David Newell, Sr. Animal Control Advisory Committee Board of Equalization and Review Economic Development Commission Health Board Library Board Person Area Transportation System Board Person County Senior Center Advisory Council Vice Chairman B. Ray Jeffers Board of Equalization and Review alternate Community Services Block Grant Advisory Council Extension Advisory Committee Environmental Issues Advisory Committee Fire Chief’s Association Home & Community Care Block Grant Adv. Committee NACo Board of Director NC Leadership Forum Person County Partnership for Children Recreation Advisory Board Social Services Board Commissioner Gordon Powell Airport Commission Cardinal Innovations Board of Directors Economic Development Commission Juvenile Crime Prevention Council Region K Workforce Development Board Research Triangle Regional Partnership Commissioner Jimmy B. Clayton COG Board Kerr Tar RPO – TAC NACo Environmental Committee NCACC Environmental Committee Mental Health Community Advisory Board Upper Neuse River Basin Association Commissioner Kyle W. Puryear Board of Equalization and Review E-911 Committee High Speed Internet Committee Local Emergency Planning Committee January 7, 2019 53 APPOINTMENTS TO BOARDS AND COMMITTEES: Clerk to the Board, Brenda Reaves stated the Person County Board of Commissioners solicited volunteers to fill positions on the following boards, commissions, authorities, and committees through advertisement in the Courier-Times edition dated November 14, 2018 with notice to submit applications by the deadline of December 11, 2018. Ms. Reaves presented interested citizen applications for consideration for appointments. She asked the Board to nominate and appoint as deemed appropriate. The Board of Commissioners are encouraged to recruit citizens to fill the current vacancies for those which no applications have been received. Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 3 positions available – No applications Airport Commission 3-Year Term: 1 at-large position available 1) Henry Newell, Jr. requested reappointment 2) James E. Poindexter, Jr. requested appointment A motion was made by Commissioner Puryear and carried 1-4 to appoint James E. Poindexter, Jr. to the Airport Commission. Commissioner Puryear was the lone vote supporting his motion, thereby the motion died for a lack of majority. A motion was made by Commissioner Clayton and carried 4-0 to reappoint Henry Newell, Jr. to the Airport Commission for a 3-year term. Animal Services Advisory Committee Unspecified Term; 1 at-large position available 1) Tracey L. Kendrick requested appointment A motion was made by Commissioner Puryear and carried 5-0 to appoint Tracey L. Kendrick to the Animal Services Advisory Committee for an unspecified term. Environmental Issues Advisory Committee 3-Year Term: 1 position for a citizen in the Bushy Fork Township: No applications 1 position for a citizen in the Holloway Township: No applications Industrial Facilities and Pollution Control Financing Authority 6-Year Term: 4 positions available – No applications January 7, 2019 54 Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 1 position for a person under the age of 18 serving on the State Youth Council- no applic. 2-Year Term: 1 position for a representative of Mental Health: 1) Martha Pickett requested reappointment 1 position for the Health Director or designee: No applications 3 positions for citizens-at-large: No applications but these are not required. A motion was made by Commissioner Clayton and carried 5-0 to reappoint Martha Pickett as the Mental Health representative on Juvenile Crime Prevention Council for a 2-year term. Kerr Tar Regional Council of Government Board 2 citizen-at-large alternate positions representing the private sector business or the retired community for an unspecified term. – No applications. Nursing Home Advisory Committee 1-Year Initial Term: 3-Year Reappointment; 4 positions available – No applications. Person Area Transportation System Board 3-Year Term; 1 position each for citizens to represent, or who are affiliated with: private industry: No applications parks and recreation: No applications Health Dept: 1) Pamela Cook requested appointment Department of Social Services: 1) Melinda Hudson requested reappointment Person Industries: 1) A request from Citizen representative, Kim Morgan to be moved to the representative of Person Industries under her current term to 6/30/21 – this would create a vacancy for a citizen. A motion was made by Commissioner Clayton and carried 5-0 to appoint Pamela Cook (Health Dept. rep), reappoint Melinda Hudson (DSS rep), each for a 3-year term, and to move Kim Morgan from citizen representative to the Person Industries’ rep on the Person Area Transportation System Board for the remainder of her current term. January 7, 2019 55 Workforce Development Board 1-Year Initial Term; 2-Year Reappointment 1 position available for a member or an officer of organized labor – no applications Tourism Development Authority 3-Year Term: 1 position available 1) Sally Humphries requested appointment 2) Zachary Wynne requested appointment (application received after deadline) A motion was made by Commissioner Puryear and carried 5-0 to appoint Sally Humphries on the Tourism Development Authority for a 3-year term. CHAIRMAN’S REPORT: Chairman Newell instructed the County Manager to investigate the price to purchase the vacant lot between the Person County Senior Center and Dan Craig & Partners for future expansion. MANAGER’S REPORT: County Manager, Heidi York reported the location of the Board Retreat scheduled for February 4, 2019 starting at 9:00am would be in the Person County Library Gallery room. Ms. York said the retreat will follow an half-day schedule and she will be sending along a retreat agenda for feedback from the Board noting Vice Chairman Jeffers has requested someone from the Office of the State Fire Marshal to discuss the attainment of lower ISO ratings. COMMISSIONER REPORT/COMMENTS: Vice Chairman Jeffers reported he attended the Caswell County press conference on Caswell County’s ISO rating was lowered countywide to a 4 which included Semora Volunteer Fire Department that covers a portion of Person County. Vice Chairman Jeffers announced he was invited to serve on the NC Leadership Forum along with 34 bi-partisan leaders from across the state focusing on the role that school choice plays in elementary and secondary education and the array of education options that the state should fund in order to provide a quality education for every child. There was no report from Commissioners Powell, Clayton and Puryear. January 7, 2019 56 CLOSED SESSION #1 A motion was made by Vice Chairman Jeffers and carried 5-0 to enter into Closed Session at 9:15pm 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, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate and Planning Director, Lori Oakley. A motion was made by Commissioner Powell and carried 5-0 to return to open session at 9:24pm. ADJOURNMENT: A motion was made by Commissioner Powell and carried 5-0 to adjourn the meeting at 9:24pm. _____________________________ ______________________________ Brenda B. Reaves David B. Newell, Sr. Clerk to the Board Chairman