MINUTES- OCTOBER5.2020  The Caswell County Board of Commissioners met in regular session at 9:00 a.m. on Monday, October 5, 2020. The meeting was held electronically using Zoom Webinar software. Members present: Rick McVey, Chairman, David J. Owen, Vice Chairman, William E. Carter, Nathaniel Hall, Jeremiah Jefferies, Steve Oestreicher, and N. Kent Williamson. Also present: Bryan Miller, County Manager, and Brian Ferrell, County Attorney. Ashley Kirby Powell,  Administrative Assistant, recorded the minutes.  MOMENT OF SILENT PRAYER  Chairman McVey opened the meeting with ai moment of Silent Prayer.  PLEDGE OF ALLEGIANCE  The Board ofCommissioners and all the guests in attendance recited the Pledge of Allegiance. PUBLIC HEARING SETBACK VARIANCE REQUEST FOR 189 TAYLORS COVE  ROAD SEMORA, N.C.  Commissioner Williamson made ai motion toi reconvene as the Board of Adjustments for setback variance request for 189 Taylors Cove Road, Semora, N.C., seconded by Vice Chairman Owen. Mr. Hoagland stated that hel had received correspondence from George Daniels. Then Mr. Hoagland proceeded to read the letter from Mr. Daniels. "Dear. Mr. Hoagland thank you for the most recent contact concerning the above, my mother Ann T. Daniel, Cynthia and Ir received the official notice Wednesday September 30, 2020 after receiving a USPS: notice toj pick up the letter. After reviewing the contents we. learned about the application that was submitted to your office along with the rejection and then we learned oft the appeal hearing. Which we: now understand has been postponed, until Monday October 5, 2020 at 9:00 a.m. The notices that were sent out to addresses oft the properties that are owned by my mother, Cynthia, me at. Hyco Lake, on' Taylors Road in Semora. My mother's mail comes to me and my sibling; shei is currently 90 years old and is residing in the Common Wealth Health Senior Living Facility in Danville, Virginia; with her current affairs being handled byl her youngest son Martin C. Daniels which is reflected int the attached copy ofher power of attorney: paper work. This notice was receiveda couple of days ago and this proceeding has been going on for three months, with my mother restricted living conditions, we: need time to thoroughly review and discuss with my mother and her attorney. The invitation to the remote: meeting is respectfully declined and objected to. Please find attached General Statue 166-A-19.24 Section F a sign and date section by me, my wife, and Ann' T. Daniels through her successor. Should you have any questions or need further clarification please contact me at Daniel, Thomas Law 139 East Main Street Yanceyville or by Mr. Ferrell stated as the Board knows, when we began discussing the potential of a remote Quasi-Judicial Hearing on the pending variance, we discussed some oft the challenges that go along with these circumstances. Thel Board, in an interest oft time and the applicant decided they  The motion carried unanimously.  phone 336-694-4363."    would like to move: forward with the remote hearing if at all possible; which leads us to here today with the continued public hearing. When you have ai remote. hearing, it allows you to continue with the Quasi-Judicial hearings, as long as certain circumstances are: met. Ify you decide to conduct thesel hearings remotely all persons subject tol have standings to participate should be given ai notice oft the hearing and consent to the remote hearing meeting. All due process rights to the parties affected are protected. Under no circumstances are you permitted toj proceed with the remote hearing. In this case you just heard that Mr. Daniel and others that hei represents have objected to the remote meeting. They have ai right to object and you cannot proceed with this hearing any further until the meetings arel backi inj person. Ifwe are not able to hear from Mr. Daniels due to connectively issues, he suggested continuing this until the Board can meet in Vice Chairman Owen: made a motion to continue the Public Hearing until the Board can meeti in person, seconded by Commissioner Williamson. The motion carried unanimously. Commissioner Williamson made ai motion to go out of the Board of Adjustments and back into normal session, seconded by Vice Chairman Owen. The motion carried unanimously.  person.  PUBLIC COMMENTS  Anita Foust, 2501 Hughes Mill Road  Agenda Item 9. Heavy Industrial Development Ordinance (HIDO) - Bryan Miller  Committee Draft "Trust, But Verify"  Commissioners verify what your staff members and outside legal counsel are telling you. The Anderson Community in the Hughes Mill Road, Ross Acres 1 and 2 subdivisions are Title VI and Environmental Justice areas. Make sure that your ordinances align with state and federal laws. All ordinances should indicate that assessments for cumulative impacts must be part oft the Ensure that safety measures for air, water, and sound (noise) pollution are included in these The HIDO seems to be replacing the Environment Impact Ordinance (EIO), and if so, it should include the environmental assessments and environmental impact statements as well. Come into the 215t century as leaders rather than returning to the past endangering citizens lives.  process. ordinances.  Please improve, not repeal, the Environment Impact ordinance.  Thank you. Anita Foust    Charles H. Blackwell 704-968-1859  490 Wall Street, Yanceyville, NC 273769  Good morning members of the Board of Commissioners of Caswell County. My name is Charles Harrison Blackwell and I come to you again this morning as one of many citizens who have been lobbying over the past three months for the removal of the Confederate Statue. The fact that this matter has not yet made its way back to the Board's agenda suggests that the Board may not perceive the issue with the sense of urgency that is felt by the community. Ift this matter is not taken up in today's meeting, we will be eagerly looking forward to it being discussed and voted on at the October 19, 2020 Board meeting. Itl had been our sincere hope that this matter be resolved prior to the Elections as we feel that the current Board should be held accountable for its outcome. Unfortunately either by intent, or, by what the Board has considered to be more important matters, the timing to deal with this issue has been allowed to We thank you again for your willingness to timely address this issue and will be looking forward  nearly approach November 3rd.  toi itl being dealt with today or at your next meeting.  10/5/2020 Pat Warren 361 Main St Prospect Hill, NC 27314  During this election year, Caswell County voters will be asked to cast their ballots for or against zoning. Zoning is land use planning and best describes the way Caswell County wants our county tol look, smell, hear, and taste: now and for our future generations. Thousands of acres of Caswell County land arel being bought by outsiders who do not care (stronger language would be more descriptive) about our. health, pristine environment, and way oflife. Their only concern is the almighty dollar; they will do anything to geti it. Ihavel had friends tell me that they just do not want the government to be able to tell them what they can or cannot do with their land. Okay, I get it, and feel somewhat the same way. My family owns land in Caswell County and has since the early 1800's, and until now, we have managed without zoning. But iti is no longer the 1800's or the 1900's; times have changed. Iwill admit that I wrestled with the idea ofzoning becausel Ialso do not want someone else ora government entity telling me what Ic can or cannot do with my land. However, it is a fact that some group, Caswell County government, or an outside: money. grabber is going to determine what happens to the land that we. love sO dearly. So, do we choose our government over which wel have influence, or do we choose polluting industries over which we have no power? That is really the question we are answering this election year. Id choose to bei in charge ofmy land rather  than have no control whatsoever. That is the reason I am voting for zoning.  Pat Warren Prospect Hill  Speaking as a citizen concerned about Caswell County's quality oflife, thank you for moving the HIDO ahead today. The HIDO will allow us to regulate polluting industries ifthey start to operate in Caswell County. More importantly, when you pass county wide zoning as our next    level ofj protection, the HIDO will be less important. That's because zoning will actually prevent  polluting industries from coming into Caswell County in the first place.  Leslie Zimmerman Leasburg  RECOGNITIONS  There were noi recognitions.  APPROVAL OF THE AGENDA  Vice Chairman Owen made ai motion to approve the. Agenda, seconded by Commissioner  Wiliamson. Thei motion carried unanimously.  APPROVAL OF THE CONSENT AGENDA  Commissioner. Jefferies made ai motion to approve the Consent Agenda, seconded by  Commissioner Wiliamson. The motion carried unanimously.  RESOLUTION TO ADOPT THE NOTHERN PIEDMONT REGIONAL HAZARD  MITIGATION PLAN  Mr. Miller stated that the Northern Piedmont Region is located in the north central part ofNorth Carolina and includes Caswell, Davie, Forsyth, Rockingham, Stokes, Surry, and Yadkin counties and the municipal governments within those counties. This area is vulnerable to a wide range of natural hazards such as winter storms, severe thunderstorms, and floods. Iti is also vulnerable to human-caused hazards, including chemical releases and hazardous material spills. These hazards threaten the life and safety ofr residents in thel Northern Piedmont Region and have thej potential to damage or destroy both public and private property, disrupt thel local economy, and impact the overall quality oflife ofindividuals who live, work, and vacation in the region. This regional plan draws from each ofthe County plans to document the region's sustained efforts to incorporate hazard mitigation principles and practices into routine government activities and functions. At its core, the Plan: recommends specific actions to: minimize hazard vulnerability and protect residents from losses to those hazards that pose the greatest risk. These: mitigation actions go beyond simply recommending structural solutions to reduce existing vulnerability, such as elevation, retrofitting, and acquisition projects. Local policies on community growth and development, incentives for natural resource protection, and public awareness and outreach activities are examples of other actions considered to reduce the region' s vulnerability to identified hazards. The Plan remains al living document, with implementation and evaluation procedures established tol help achieve meaningful objectives and successful outcomes over time. Today we will need ai motion from thel Board to approve the Mitigation Plan. Vice Chairman Owen made ai motion to approve the Northern Piedmont Regional Hazard Mitigation plan, seconded by Commissioner Williamson. The motion carried unanimously. HEAVVINDUSTRIAL DEVELOPMENT ORDINANCE COMMITTEE DRAFT    Mr. Miller stated as directed, a committee was formed and wel have had several meetings (5)to date. The Committee is comprised ofs six members as suggested by the Board. Members include: Commissioner David Owen, Community Member Scott Oakley, Community Member Bryon Shoffner, Community Member Kim Steffan, Staff Matthew Hoagland, Staff Bryan Miller. The committee is making great progress and would like feedback and insight from the Board of Commissioners on how the initial draft meets the expectations oft the Board and in what sections ofthe HIDO thel Board would like to see changes. He would like to thank all members ofthe Committee for their time and service to the county thus far, but would like to express special gratitude to Scott Oakley and Kim Steffan for their efforts. Each committee member has greatly contributed to the process. Mr. Oakley and Ms. Steffan have been both insightful with their opinions and selfless with their time to contribute to the administrative needs ofthe committee. Commissioner Oestreicher suggested it toi identify the process oft the DEQ: permitting. Then questioned what the proper way to stage section 153 is and 160D, since section 153 will be converting to 160D. Mr. Hoagland stated the section 153 will stay mainly intact only chapter 18- 19 will bet transferred into 160D. Commissioner Oestreicher suggested rewording paragraph three to can or may be. Then questioned in section 14-68, why where. Asphalt Plants only Class 3 and not a Class 4; he suggested moving to Class 4. Mr. Miller stated throughout the discussions with the Committee that is what the Committee felt that the class the. Asphalt Plant should be listed as. But he will take this back to the Committee for clarification and with the suggestion to be moved to Class 4. Vice Chairman Owen stated one oft the reasons it was placed into Class 3, was because oflooking at neighboring counties. Commissioner Oestreicher questioned in the definition of quarry shouldn'titi include sand. Looking at section 14-71 the Land Use Table, Class 2 states 10 acers but, it references 20 acers. Also suggested subj paragraph E the last sentence change allows to required when it comes to fencing and vegetative screens. In section 14-73, should wei include Vested Rights. Mr. Ferrell stated that he would make ai note oft that to include ini this section. Commissioner Oestreicher questioned the process in section 14-74 should the Board of Commissioners be notified ofj permits of Class 3-4. Inj paragraph E subparagraph 3 this process clearly states that the Planning Board is responsible for granting approval for these permits. Int the Alamance County HIDO, thel Board of Commissioners make that approval. The Planning Board is to the make sure that all requirements are: met oft the HIDO and that they are fulfilled. Commissioner Oestreicher questioned is this intent of the Committee is. Variances would have to be granted by the Board ofCommissioners. Mr. Miller stated that the Committee had a lot of discussion on this issue. We determined this was the most appropriate way, because oft the steps included int the variances that could come forth after the fact. Mr. Ferrell stated that he and the County Manager have spoken oft this matter. The new 160D provides a clear delegation ofauthority of appeals from being an administrator. The statute contemplates that those appeals go straight to thel Board of Adjustments and it is stated clearly ini the 160D how hearings are held the right toj participate, what'st the procedure, where do appeals go. His suggestion to the County Manage was whether or not it makes sense with most appeals to go to the Board of Adjustments rather than the Board of Commissioners as do most appeals for local land use decisions. Ini this case right now that would mean the Board ofCommissioners capacity as thel Board of Adjustments would: hear those appeals, but wel have talked about shifting that responsibility off to a constituted Board of Adjustments that does not include the Board of Commissioners. He would ask the Commissioners to think about it. That would allow Land Use Appeals to stop at the Board of Adjustments before going on to Superior Court, rather than have the appeal go straight to thel Board of Commissioners. Thisi is something that the County Manager is going to discuss with the Committee as well. Mr. Miller replied that is correct, this is a draft and there willl be serval Committee meetings before the: final is presented to the Board of  Mr. Miller then asked ifthe Board had any questions or suggestions.    Commissioners. Commissioner Oestreicher suggested that the Board of Commissioners still be involved. Also he suggested that in section 14-76 including a definition oft tier 1. Then he suggested in section 14-77, paragraph subparagraph 2 changing 61 months to 41 months. Vice Chairman Owen questioned Mr. Hoagland whati is his process on granting additional time. Mr. Hoagland replied it is typically 30 days, but that's for minor situations. This may carry over from another county's ordnance; we will address this at the next meeting. Commissioner Oestreicher suggested, in section 14-80: involving the Planning Board on variances, and for them to make a Commissioner Williamson suggested including a general description in classes, that way ifwe Chairman McVey questioned the 2,000ft setbacks. Mr. Miller stated that 2,000ft is for land use spacing. After looking at other counties we saw that amount for land use spacing, operations setbacks, and minimum lot size. This is what the Committee decided to move forward with, but we can look at it again. Vice Chairman Owen agreed that the Committee needed to review setbacks again. Also that way we understand the difference between land use spacing and the area of operations. Land use space is from the property line to the nearest protect facility; the area of operations has to be set 500ft inside that line with Class 3-4. Mr. Miller stated that the property line would have to be 2,000ft away from thel house. Chairman McVey questioned that would: make it 2,500ft. Mr. Miller replied correct, there is an additional 500ft operational setback from the property line. We can look at different parcels ift the Board would like that way we could see how it affects each parcel. One oft the main questions that the Committee is asking is what the intent of the Board of Commissioners is as it relates to the HIDO. Is the intent to protect the citizens, to still allow businesses, or to do both. Chairman McVey suggested looking at both, this could restrict some businesses. Mr. Miller questioned what the consensus oft thel Board was. Commissioner Oestreicher stated that we have heard from the residents that they want protection from these kinds ofi industries. This proposed setback clearly does this. Then he suggested looking at what neighboring counties setback regulations are. Vice Chairman Owen agreed on looking at neighboring counties setbacks. Wei need to look at this very closely and see: ifv we want tol be on the extreme end of setbacks. He stated that he wanted toj protect Caswell County as much as we can, but at the same time he wants to be reasonable. Commissioner Oestreicher questioned in other counties that had shorter setback distances, how many oft them had zoning. Vice Chairman Owen stated from what he can recall very few of them. Mr. Miller stated ordinance like this it is going to regulate operations setbacks, land use spacing, and it is going to regulate placement. Zoning would regulate where within the county a business could locate. This does not do that, a business still can locate anywhere in the county long as they can meet land use spacing and operations setbacks. Alamance County reduced their land use from 2,000ft to 1,250ft and they do not have county wide zoning. Chairman McVey suggested this maybe something we want toj put off and seei ifzoning passes on the referendum. Vice Chairman Owen stated we need to reasonable. Commissioner Oestreicher stated we: need the max amount of protection. Commissioner Jefferies suggested putting this off until after the election and seei if zoning is passed. Chairman McVey agreed. Vice Chairman Owen stated it will be after the election before a final draft will even be submitted. Commissioner Williamson stated or the first of the year. Vice Chairman Owen stated we need to take these issues back to the Committee and make changes and bring it back to the Board ofCommissioners. Then he suggested adding  recommendation to the Board of Commissioner's. have future business to come that is not listed.  buildings to area of operations as well.  COVID 19 UPDATES    Mrs. Eastwood stated our current numbers are 427 and since the last update, there havel been 60 offenders that tested positive, along with 44 community members. We are now in Phase 3. and this mainly applies to entertainment facilities. The state willl be setting up a testing site that will be 5 days a week and this will free up some time for the Health Department to take on regular  appointments.  COUNTY MANAGERS UPDATES  UDO. Amendment Public Hearing at November 3, 2020 meeting. Looking at transitioning back to regular meetings. Planning Board Approved Solid Waste Site.  COMMISSIONERS COMMENTS  Vice Chairman Owen reminded that Board that there where serval items within the budget that was supposed to be looked at in October and wei needed to get a update from the Finance Director and the' Tax Director. The Board came to a consensus on have a special meeting  sometime the next week.  ANNOUNCEMENTS AND UPCOMINGI EVENTS  There were no announcements or upcoming events.  ADJOURNMENT  Vice Chairman Owen made a1 motion at 10:28 a.m. to adjourn, seconded by Commissioner  Williamson. Thei motion carried unanimously.