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April 6 April 6, 2010 1 PERSON COUNTY BOARD OF COMMISSIONERS APRIL 6, 2010 MEMBERS PRESENT OTHERS PRESENT Johnny Myrl Lunsford Heidi York, County Manager Jimmy B. Clayton C. Ronald Aycock, County Attorney Kyle W. Puryear Brenda B. Reaves, Clerk to the Board B. Ray Jeffers Samuel R. Kennington The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, April 6, 2010 at 7:00 p.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Lunsford called the meeting to order and asked Commissioner Clayton to lead in prayer and Commissioner Puryear to lead the Pledge of Allegiance. PUBLIC HEARING: NO WAKE ZONES AT MAYO LAKE: The public hearing for No Wake Zones at Mayo Lake was reconvened as directed by Board action at its March 15, 2010 meeting allowing the public hearing to remain open for consideration at its April 6, 2010 meeting for the purpose of considering No Wake Zones or other regulatory options at Mayo Lake as well as hear public comments. Commissioner Kennington requested staff to include as part of the new proposal an in-depth study on enforcement with the proposed regulatory recommendations. A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers and carried to open the public hearing considering No Wake Zones at Mayo Lake. Recreation, Arts and Parks Director Mitch Pergerson requested Board consideration to review the revised No Wake Zone Proposal and adopt the revised Mayo Lake No Wake Zones Resolution. Mr. Pergerson stated the revised proposal and resolution requests no wake zones at the Mayo Public Boat Landing and the Access Area of the Channel. Mayo Park Supervisor, John Hill followed up with the Board regarding questions from the March 15, 2010 meeting. Mr. Hill stated he spoke with Mr. Norman Young, Assistant Attorney General and Betsy Ford of the NC Wildlife Resource Commission and was told there are no differences in no wake and idle speed zones noting any sworn officer (county, state or wildlife) can enforce the laws as dictated by NC General Statutes with maritime laws primarily enforced on the waterways by NC Wildlife Officers. Mr. Hill informed the Board that Person County has authority under Rule 15A NCAC 10F.0348 under section (d) to enforce no wake or idle speed zones. TheRule states no one shall operate a vessel at greater than no wake speed within 50 yards of any marked bridge, boat launching ramp, pier, boat storage structure, or boat service area; however enforcement is contingent upon placing buoys at the areas or structures noted above. Mr. Hill further noted once buoys are in place at the areas or structures so noted, April 6, 2010 2 Person County must contact NC Wildlife and inform of the actual locations of the buoys. Mr. Hill stated the estimated cost for the appropriate six buoys of marine grade chain, shackles and anchors for the Mayo Public Boat Landing and Access Area to the Channel is $3,000. To include buoys at the Highway 49 Bridge and Bowmantown Bridge, the cost would increase to $7,000. In regard to additional coves being regulated, Mr. Hill told the Board NC Wildlife Resource Commission only works with governmental units who have jurisdiction over the waters in question and does not take individual requests. Individuals wishing to pursue no wake zones or other regulatory requests must present their proposal and resolution to the County Commissioners, set a public hearing to gauge public interests, i.e. the exact same process including the application by which the county staff is now in process. Mr. Pergerson reminded the group that once the resolution is approved and the application is submitted, the application will be reviewed by the Attorney General’s Office for assessment and open for public comment for 60 days and then forwarded to the NC Wildlife Resources Commission Rules Committee who will make the determination for approval. No one spoke in favor or opposition of the No Wake Zones at Mayo Lake however, Ms. Greta Paith, a Mayo Lake resident did inquire about the buoys being anchored permanently and if they would have lights. Ms. Paith stated the buoys at or near the bridges was placed by the NC Wildlife Commission but floats out of the proper location at times. Mr. Hill stated lights were not included in the estimate at this time for any of the buoys and should the county decide to maintain the existing buoys, the appropriate equipment for permanently anchoring would be installed. A motion was made by Commissioner Puryear, seconded by Commissioner Jeffers and carried to close the public hearing considering No Wake Zones at Mayo Lake. A motion was made by Commissioner Puryear , seconded by Commissioner Clayton and carried to approved the Mayo Lake No Wake Zones Resolution as presented by the Recreation Department including purchasing six buoys for the Mayo Public Boat Landing and the Access Area of the Channel. April 6, 2010 3 April 6, 2010 4 April 6, 2010 5 PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT BY BILLY GARDNER FOR AN INDOOR SHOOTING RANGE ON US 501 SOUTH (DURHAM ROAD): A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton and carried to open the public hearing to consider a request for a Special Use Permit by Billy Gardner for an indoor shooting range on US 501 South (Durham Road). Planning Director, Paula Murphy told the Board the County has received a Special Use Permit request from Billy Gardner for a private recreation facility for profit (underground/indoor shooting range) for Tax Map A65 Parcel 16 on US 501 South (Durham Road) near Carden’s Cove. Ms. Murphy stated Private Recreational Facilities for Profit are allowed with a Special Use Permit in the B-1 District. Ms. Murphy stated the site plan illustrates the proposed 30’ x 90’ commercial building built to NRA regulations, an accessory storage building and the parking area with 11 spaces. Per the zoning ordinance, 15 parking spaces are recommended based on .7 of a space for every 200 square feet of gross floor area. The total gross floor area for the main floor housing a retail sales gun shop business is 2700 square feet. This would require 10 spaces. Under Section 110-3, off street parking requirements, there is no category for an indoor shooting range. The basement level will be an indoor shooting range with five shooting booths. The Planning Department feels that one parking space per each shooting booth is a satisfactory number of parking spaces. Twenty percent of the parking spaces can be compact car spaces. Since there was a house on the property, all existing impervious areas prior to 1993 are grandfathered. With the new construction, the total impervious area for the site is 12 percent. Since this does not exceed the allowed amount per the Neuse Rules, no Best Management Practices are required. The site has an existing well and septic and the Environmental Health Department has approved both of these for the new development. The plans show access to the site off of US 501 South. NCDOT has approved the driveway permit. Ms. Murphy state the driveway and parking areas will be paved. The property in question consists of 1.14 acres and is located on US Highway 501 South and is located in the Flat River Balance of Watershed, WSIII. There is no one hundred flood areas on the property. The surrounding uses consist of single family dwellings, some large parcels of land, Carden’s Cove subdivision, County Line BP, a day care and a business selling accessory buildings. Ms. Murphy noted the Board of County Commissioners shall upon receiving the recommendation of the Planning shall consider the application and said recommendation and may grant or deny the Special Use Permit requested. The Special Use Permit, if granted, shall include such approved plans as may be required. In granting the permit, the County Commissioners shall find the following per Ordinance Provision Article VII, Section 74-4: April 6, 2010 6 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 be in harmony with the area in which it is to be located and in general conformity with the comprehensive plan. Ms. Murphy stated many concerns that the Board needs to address with a shooting range. The applicant, Mr. Gardner has noted that he will follow the guidelines set forth by the NRA. Some items that the Board should address are: 1. Maximum number of shooting booths. 2. Types of handguns to be used. 3. Type of flooring, ceilings, walls, etc. to include depth. 4. Noise levels. The applicant must make sure that noise levels are acceptable inside as well as outside. 5. Type of bullet containment and how lead will be cleaned up. 6. Ventilation system. Ventilation is extremely important due to lead particulates in the air. The applicant will be required to meet certain conditions set forth by OSHA. 7. Is there any type of exit from the basement level? 8. Hours of operation. 9. Buffers Ms. Murphy stated the applicant, Mr. Gardner noted that there will be five shooting booths in the basement and the hours of operation will be Monday through Saturday, 10:00 a.m. – 8:00 p.m. and Sunday 1:00 – 6:00 p.m. There is an estimated three employees. Handguns to .45 caliber and rifles to .30 caliber will be used. No shotguns, armor piercing or incendiary rounds. If law enforcement uses this facility, they will at sometime have a need to be closer to the target, therefore, being exposed to more lead particulates. It is important to have proper ventilation to reduce the exposure to lead. The basement floor will be 4 to 6 inches of concrete. First floor to be the same and supported by 20 gauge decking and a floor truss system. All of these items will be engineered. The basement walls to be 12” masonry backfilled to level of first floor. The bullet containment system will be a rubber berm trap. The applicant notes that this type of system will reduce noise and dust inside the range. An outside contractor will be used to clean the bullet trap yearly. The spent casings will be recycled. The applicant has stated that due to the shooting range being below grade, the noise level will be negligible outside of the building. There will be acoustic panels installed at strategic points to reduce noise levels to the first floor as well as a fully insulated floor system. Ms. Murphy April 6, 2010 7 stated there are no buffer requirements in the zoning ordinance but these can be required as part of the Special Use Permit in addition to any other provisions deemed necessary by the Board. The Board needs to determine the amount of parking spaces deemed appropriate for this type of business. The business will have three employees, a first floor retail sales business with office space in addition to some conceal carry classes conducted on site plus the lower level shooting range with five shooting booths. Ms. Murphy quoted Section 160-5(B) of the Zoning Ordinance which states: “The Planning Board shall provide a written recommendation to the Board of County Commissioners that addresses that the proposed amendment is consistent with the comprehensive plan, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of County Commissioners. Prior to adopting or rejecting any zoning amendment, the Board of County Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and why such action is reasonable and in the public interest. The Land Use Plan in Section 2.1 states “Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses. Section 2.2.1 states “Encourage development of small service oriented commercial activities only at existing intersections or median crossovers on US 501 and other major thoroughfares.” Planning Staff recommends if approved, the following conditions be included: 1. Applicant to obtain all Federal, State and Local permits that are required. 2. Applicant to obtain a driveway permit from NCDOT with the driveway 20 feet in width noting this has already been done. 3. Applicant to meet all conditions set forth by OSHA. 4. Board to determine the required number of parking spaces. 5. Address the findings of fact in Section 74-4 in additional to determining if this request is consistent with the comprehensive plan. Ms. Murphy stated the Planning Board held a Public Hearing on March 11, 2010 and voted unanimously to recommend approval of the special use permit request with staff conditions noting parking as shown on the plan (11 spaces) was adequate, a vegetative buffer on the north and south sides similar to Leyland Cypress and spaced ten feet apart be required, that the applicant meets Section 74-4 and the project is consistent with the comprehensive plan. Commissioner Kennington asked the Planning Director about increasing the 11 parking spaces to 15 on the site plan and Ms. Murphy deferred to the Jay Jennings, Surveyor. Mr. Jennings stated there was adequate spacing to accommodate additional parking noting his client and he would have to recalculate should the Board see fit to make the requirement noting his hope the Board would not require the additional 4 paved spaces. April 6, 2010 8 Mr. Billy Gardner of 346 Cardens Cove, Timberlake, co-owner with Jean Bargo of the property for the proposed indoor firing range to be located at 10580 Durham Road, spoke in favor of the request for a Special Use Permit. Mr. Gardener informed the group that he and Mr. and Mrs. Danny Dryes all attended the NRA training courses and are NRA pistol instructors and NRA range officers, certified by the NC Justice Academy to teach conceal carry handgun courses. Mr. Gardner stated he had received a letter of support from the Sheriff Jones and Police Chief, Todd Boycher. Ms. Janice Johnson of 425 Wimbledown Drive, Roxboro did not appear before the Board in support nor in opposition but stated her request on behalf of her mother, Mildred Oliver, who resides adjacent on the north side to the proposed facility. Ms. Johnson requested the vegetative buffer not be mandated on the north side of the facility should the Board approve the request for a Special Use Permit explaining that her mother would feel more secure without the vegetative buffer blocking her vision. No others spoke to the issue. Ms. Murphy told the Board the vegetative buffer was a recommendation from the Planning Board but not a requirement from the Planning Ordinance. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear and carried to close the public hearing to consider a request for a Special Use Permit by Billy Gardner for an indoor shooting range on US 501 South (Durham Road). A motion was made by Commissioner Clayton, seconded by Commissioner Puryear and carried to approve the request for a Special Use Permit by Billy Gardner for an indoor shooting range on US 501 South (Durham Road) specifying 11 parking spaces as shown on the site plan being adequate and with no vegetative buffer requirements. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear, seconded by Commissioner Kennington and carried to delete from the agenda item #8 regarding Governance of the Person County Airport and the Role of the Airport Commission to allow the Airport Commission to meet once more before Board discussion on this issue. It was the consensus of the Board to have this item placed on the April 19, 2010 Board agenda. A motion was made by Commissioner Puryear, seconded by Commissioner Kennington and carried to approve the agenda as adjusted. April 6, 2010 9 INFORMAL COMMENTS: There were no comments from the public. APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried to approve the minutes of March 15, 2010. ADMINISTRATIVE REPORTS: A motion was made by Commissioner Jeffers, seconded by Commissioner Clayton, and carried to approve the Administrative Reports for the Airport, Emergency Services, Library, and Tax Administration & Collections. FIREWORKS CELEBRATION 2010: County Manager, Heidi York publicly thanked The Courier-Times staff who graciously led a fundraising campaign to support the annual fireworks display for the Fourth of July celebration. Mr. Brinn Clayton, owner of The Courier-Times presented to Chairman Lunsford a check in the amount of $7,529 that was donated by the community. Chairman Lunsford, on behalf of the Board and the citizens of Person County extended appreciation to the staff at The Courier-Times for setting the good example. Recreation, Arts and Parks Director Mitch Pergerson presented for Board approval the final agreement with East Coast Pyrotechnics, Inc. for the fireworks show. The agreement before the Board for consideration schedules the fireworks display to be held on Friday, July 2 noting the cost of show at $7,500 with a rain date scheduled for July 5. Mr. Pergerson noted a rain clause in the agreement to reschedule the fireworks display will incur a penalty of 10% of the total contract price. As directed by the County Attorney, East Coast Pyrotechnics, Inc. has obtained Commercial Liability and Property Damage and Workers Compensation Insurance. Commissioner Puryear inquired about having the fireworks display on July 4. Mr. Pergerson stated the costs for a July 4 show is $10,000. Commissioner Kennington requested the Recreation Department to work in the future with the Roxboro Merchants Association, the Roxboro Development Group, Person County Museum of History and the Tourism Development Association to collaborate on scheduling future community celebrations and events. A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers, and carried to approve the Agreement between East Coast Pyrotechnics, Inc. and Person County, acting through the Recreation, Arts and Parks Department. April 6, 2010 10 PUBLIC HEALTH WEEK PROCLAMATION: Health Director, Janet Clayton requested the Board to proclaim April 5-11, 2010 as National Public Health Week in Roxboro, North Carolina. A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear and carried to adopt the Public Health Month Proclamation as read by the Health Director. Public Health Month Proclamation WHEREAS the month of April, is National Public Health Month, and the theme is A Healthier America: One Community at a Time; WHEAREAS, our nation spends more on health care than any other country, but an estimated 46.3 million Americans do not have health insurance and millions more do not have access to life-saving clinical preventive services; WHEREAS, millions of people in America do not have access to cost-effective community-based preventive services; WHEREAS, many of the illnesses that are caused by tobacco use, poor diet, physical inactivity and alcohol consumption are potentially preventable; WHEREAS, many neighborhoods lack access to safe walkways and bikeways; are too far from offices, schools, health providers and grocery stores to walk; and are inaccessible by public transportation; WHEREAS, studies have shown that 10.5 million cases of infectious diseases and 33,000 deaths can be prevented in the United States by the standard childhood immunization series; WHEREAS, despite challenges, public health professionals and lawmakers are working on policies that place an emphasis on prevention and support a strong public health infrastructure; and WHEREAS, by making a change in our individual communities, we will improve the health of our nation; NOW, THEREFORE, I, Johnny Lunsford, by virtue of the authority vested in me by the laws of Person County, North Carolina, do hereby proclaim the month of April, 2010 as Public Health Month in Person County and call upon Personians to observe this month by helping our families, friends, neighbors, co-workers and leaders better understand the importance of public health to a successful health system in light of this year’s theme, “A Healthier America: One Community at a Time.” IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of April, in the year of our Lord two thousand ten, and of the Independence of the United States of America the two hundred and thirty-fifth. (signed) ____________________________________ Johnny Myrl Lunsford, Chairman Person County Board of Commissioners April 6, 2010 11 THE WEEK OF THE YOUNG CHILD PROCLAMATION: Chairman Lunsford presented the following Proclamation to the Board for adoption: A motion was made by Commissioner Clayton, seconded by Commissioner Jeffers and carried to adopt The Week of the Young Child Proclamation. PROCLAMATION BY Person County Board of Commissioners On THE WEEK OF THE YOUNG CHILD WHEREAS, the Person County Partnership for Children Child Care Resource and Referral and other local organizations, in conjunction with the National Association for the Education of Young Children, are celebrating the WEEK OF THE YOUNG CHILD April 11th – April 17th, 2010; and WHEREAS, by calling attention to the need for high-quality early childhood services for all children and families within our community/state, these groups hope to improve the quality and availability of such services; and WHEREAS, the future of Person County depends on the quality of the early childhood experiences provided to young children today. NOW THEREFORE, the Person County Board of Commissioners does hereby proclaim the week of April 11th – April 17th, 2010 as THE WEEK OF THE YOUNG CHILD in Person County and urge all citizens to recognize and support the needs of young children in Person County. Adopted this the 6th day of April, 2010. (signed) ________________________________ Johnny Myrl Lunsford, Chairman Person County Board of Commissioners (signed) ____________________________ Brenda B. Reaves Clerk to the Board Commissioner Jeffers invited community participation during the week of activities (Chamber Breakfast on Wednesday, Kindergarten event, a parade, and others) with need of volunteers on April 17th. April 6, 2010 12 BUDGET AMENDMENT: County Manager, Heidi York presented and explained the following Budget Amendment. With reference to the Airport Construction Fund, the funding must be used for land acquisition. Ms. York confirmed for the Board that there was no time frame attached to the funding and the local match (10%) of $55,000 will not be encumbered until such time the Board is ready to acquire land. It was the recommendation of the County Manager to draw down the grant at this time. Upon a motion by Commissioner Jeffers, and a second by Chairman Lunsford and majority vote, the Board of Commissioners of Person County does hereby amend the Budget of the General Fund(s) on this, the 6th day of April 2010, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund Environmental Protection 1,264 Human Services 36,475 Airport Construction Fund 555,556 REVENUES General Fund Other Revenues 1,264 Intergovernmental Revenues 36,475 Airport Construction Fund State-60.8.1 Land Acquisition 500,000 Local-60.8.1 Land Acquisition 55,556 Appropriate: Insurance claim received for damage to vehicle in Inspections Department ($1,264); Random Moment Study Funds ($16,941), Health Promotion Grant ($895), Family Planning Grant ($6,808), and Environmental Health Grant ($4,028) received for the Health Department, and new airport grant for a land acquisition project ($555,556). April 6, 2010 13 CHAIRMAN’S REPORT: Chairman Lunsford thanked all involved for their attendance and efforts at the recent Board Retreat and the Joint Meeting with the Board of Education. Chairman Lunsford commended the County Manager for facilitating the Board Retreat. MANAGER’S REPORT: County Manager, Heidi York reminded the Board of the Person Futures Strategic Planning Executive Committee Meeting scheduled for Wednesday, April 7, 2010 at Clarksville Station Restaurant to begin at 12:00 noon. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington mentioned the article he sent to the Board members that appeared in the Raleigh News & Observer describing the financial situation faced by the Wake County Commissioners having to make cuts to balance the current fiscal year budget. Additionally, the article stated the Wake County Commissioners approved a resolution or ordinance to proceed on the grandfathered projects around Falls Lake while putting tighter restrictions on the surrounding counties and municipalities. County Attorney, Ron Aycock affirmed Commissioner Kennington’s interpretation. Commissioner Clayton added that the attorney retained to represent Person County on the Falls Lake issue is working on the proposed future rules that will affect Person County. Commissioner Clayton stated the Environmental Commission will make the final decision regarding Wake County’s attempt to proceed on the grandfathered projects. Commissioner Kennington stated support of the requested recognition of the Eagle Scout Troop. Chairman Lunsford stated his support and plans to attend the event at Mayo Lake. Commissioner Puryear thanked the Board on behalf of the Triple Springs community for having the Board Retreat meeting in that part of the county. Commissioner Jeffers stated he attended the Fire Chief’s Association meeting held last Thursday, April 1 evening after the joint session meeting with the Board of Education noting the Fire Chiefs were supportive of holding the budget the same as current fiscal year. Commissioner Clayton had no further comments. April 6, 2010 14 ADJOURNMENT: A motion was made by Commissioner Jeffers, seconded by Commissioner Puryear, and carried to adjourn the meeting at 8:15 p.m. _____________________________ ______________________________ Brenda B. Reaves Johnny Myrl Lunsford Clerk to the Board Chairman