February 3, 2010 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 670 Meeting of the Johnston County Board of Commissioners February 3 , 2010 6 00 pm Regularly Scheduled February 1 , 2010 Meeting Postponed due to Inclement Weather The Johnston County Board of Commissioners met in regular session Wednesday , February 3 , 2010 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Wade M Stewart , Chairman , Allen L Mims , Jr , Vice Chairman , Cookie Pope , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , Paula G Woodard , Clerk to the Board , David Mills , County Attorney , and Melissa A Daughtry , Paralegal Deputy Clerk Chairman Wade M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comments A Recognition of John M Langdon & Family – NC Conservation Farm Family for 2009 The Board recognized and congratulated Mr John M Langdon and Family on their recent designation as the North Carolina Conservation Farm Family for 2009 The North Carolina Conservation Farm Family Award is presented annually by the North Carolina Association of Soil and Water Conservation Districts The honor was received by the Langdon Family after winning the Conservation Farm Family Award for the Piedmont Region Mr Langdon introduced his family members accompanying him , including his wife , Eileen Langdon and children , Meagan , John Michael , and James Hunter Eddie Humphrey , Natural Resource Conservationist with the Johnston Soil and Water Conservation District , informed the Board that the Langdon Family is deeply concerned about the environment and works diligently to protect the water quality around their farm , in the County , as well as for counties downstream Chairman Wade M Stewart stated that the County is proud to have the Langdon Family as residents in that they serve the County well in many capacities Mr Langdon stated he sincerely appreciates the partnership between the County Commissioners and the Johnston Soil and Water Conservation District Office Mr Langdon added that the local office is an excellent resource for all of the local farmers that are concerned with protecting the environment B Clayton Farm and Community Market Leslie Hubbard , 315 Barnes Street , Clayton , North Carolina invited the Board to come to the Clayton Farm and Community Market on February 27 , 2010 to an event called “ Johnston Fresh ” , a food fair in which local farmers offer their produce for sale in an effort to help grow the local food network Ms Hubbard reported the event not only offers economic development advantages to the area but also promotes healthy eating habits 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – January 20 and 27 , 2010 Certified letters were mailed to adjoining property owners on January 19 , 2010 A notice was posted at the location on October 28 , 2009 for Case 09 - 17 The Chairman opened the Rezoning Hearing for Case 09 - 17 Case 09 - 17 Petition to rezone 2297 acres located at 3326 Antioch Church Road SR 1733 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11N04199U Owner Applicant Robert and Lynn BerminghamPage671 February 3 , 2010 – 6 00 pm Continued Planning Director Berry Gray stated the petition is to rezone 2297 acres located at 3326 Antioch Church Road in O’Neals Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Gray noted the special use permit request associated with the rezoning Mr Gray stated the site is presently vacant He noted the surrounding land uses are zoned Agricultural Residential and used for such purposes with some residential lots across the street Mr Gray stated there are a few existing homes nearby ; however , primarily most of the neighboring tracts south and east are vacant The area is designated within an “ Agricultural Rural Conservation Area ” in the Johnston County Comprehensive Land Use Plan , which denotes areas with low levels of growth pressures anticipated over the next 20 years Owner Applicant Robert Bermingham along with his partner , Kim Southwick , addressed the Board and stated they are proposing an outdoor adventure park He explained the park would consist of a zipline course , two challenge rope courses for adults , as well as one course created for children as young as 4 to 6 years old Commissioner Allen L Mims , Jr asked the applicant if they had performed any type of marketing analyses to determine if this type of operation is needed in this area Ms Southwick stated the operation would have an economic impact on tourism for the County She reported there is a growing trend for people who want to get outdoors and experience nature with their families Ms Southwick stated there are no other similar operations located on the eastern portion of North Carolina She stated their target demographic area spans from southern Virginia Beach , Virginia to Myrtle Beach , South Carolina , marketing to families interested in taking day trips Commissioner Tony Braswell inquired if the applicant had any previous experience with the proposed operation Ms Southwick reported they had recently visited and participated in a zipline operation in Missouri She noted that during their visit , the Missouri operation had been opened for three weeks and had exceeded the owner’s expectations of projected customers Mr Bermingham informed the Board that he has experience with startup companies and is familiar with issues associated with the safety and welfare of customers At the inquiry of Commissioner Braswell , Ms Southwick stated the cost to visit a zipline park ranges anywhere from 45 to 55 per person Frankie Gordon , 3489 Antioch Church Road , across from the subject site , spoke in opposition to the rezoning request Mr Gordon stated he has spoken with other residents along the road who have also stated they do not want the proposed operation to be approved Mr Gordon reported there are hog farms near the area that he believed would be a deterrent to potential customers Mr Gordon also expressed his concerns with noise that may be associated with the proposed use and stated he felt the ziplines and rope challenge courses would be an eyesore to the area Mr Gordon asked the Board to deny the rezoning request Mr Gray stated the Planning Board recommended approval of the rezoning request Upon a question by Commissioner Mims , Mr Gray reported the residential lots directly across the street from the subject site were presently undeveloped Commissioner Mims noted that the gentleman that owns the residential lots as well as the land behind the lots had attended the Planning Board meeting and he asked if staff had received any further contact from the gentleman Mr Gray responded that the Planning Department has not received any additional contact from the gentleman that owns the residential lots and adjoining land , since the Planning Board meeting Commissioner Jeffrey P Carver asked about access to the site Mr Gray stated there would be one point of ingress egress located near the middle of the site along the road , southward from Mr Gordon’s property There being no further comments , the Chairman closed the Rezoning Hearing for Case 09 - 17 Decision on Rezoning Case 09 - 17Page672 February 3 , 2010 – 6 00 pm Continued Case 09 - 17 Petition to rezone 2297 acres located at 3326 Antioch Church Road SR 1733 in O’Neals Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11N04199U Owner Applicant Robert and Lynn Bermingham Commissioner Allen L Mims , Jr moved the Board approve rezoning case 09 - 17 to rezone 2297 acres located at 3326 Antioch Church Road in O’Neals Township from Agricultural Residential to Agricultural Residential - Special Use District Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 09 - 17 Case 09 - 17 To allow for outdoor recreation for ziplines , challenge ropes courses and nature trails Owner Applicant Robert and Lynn Bermingham Those wishing to speak on Special Use Case 09 - 17 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for outdoor recreation for ziplines , challenge ropes courses and nature trails Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 09 - 17 on August 27 , 2009 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 17 , 2009 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 17 and made the following recommendations Upon a motion by Mr Letchworth to approve the request as presented , seconded by Mr Browder and carried by a vote of 8 - 0 , the Planning Board recommended preliminary approval of the Rezoning Request for Case 09 - 17 at the November 17th Planning Board Meeting Upon a motion by Mr Schulz to approve the Special Use Conditions as presented with additions of signage , liability , gate required at access and provide a minimum of 60 gravel or all weather spaces for parking , seconded by Mr Browder and carried by a vote of 8 - 0 , the Planning Board recommended preliminary approval of the Special Use Conditions for Case 09 - 17 at the November 17th Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed site will offer physical activities with little impact of the land Staff The outdoor recreation activities shall be supervised by trained staff members and are not accessible during non - operational hours The applicant will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The site will comply with development codes and conditions set Staff The elements as part of this development meet the setback and access requirements and complies with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This is a new concept offering physical outdoor activity not currently provided by the public sector , improvements to the general appearance of land and minimal impacts on the natural surroundings Minimal traffic associated with group type activity Operating in daylight hours , minimal noise , CPR and basic first aidPage673 February 3 , 2010 – 6 00 pm Continued training applicable employees , safety equipment that meets or exceeds industry standards and documented safety inspections Staff Parking shall be interior to the property There appears to be adequate existing vegetation consistent with a Class B landscape buffer Regular hours of operation will be maintained This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Conforms to code and strategic plan Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT Outdoor Recreation Facility to include Ziplines , Challenge Course 2 , Children’s Challenge Course 1 and Natural Trails Special Use Conditions 1 Permitted Uses Outdoor Recreation activities for Ziplines , Challenge ropes Courses , and Nature Trails 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be daylight hours , Monday through Sunday 5 All signage shall comply with the AR sign code , and non - lit 6 Installation of a Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet along all rezoning lines , existing vegetation appears to be consistent with a Class B landscape buffer along Antioch Church Road , and shall remain or be replaced with equivalent 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 All activity elements shall be designed , constructed , and maintained in accordance with American National Standards Institute ANSI , and other associated industry standards 10 Daily inspections of individual safety equipment , annual safety inspection of activity elements 11 Staff shall be trained in First Aid and CPR 12 Per industry standards as disclosed by applicant , the applicant will maintain a minimum of 1 million in liability insurance and provide annual evidence to staff of insurance coverage 13 Recessed gated access 14 Minimum of 60 parking spaces , gravel parking area preferred Bold indicates changes additions Mr Gray listed and reviewed each of the special use conditions with the Board as well as reviewed the site plan of the proposed operation Mr Gray also pointed out an exhibit in the agenda packet provided by staff that notes the locations of other rope and zipline operations across the State of North Carolina Owner Applicant Robert Bermingham stated that he is aware of and agrees to the proposed special conditions At the inquiry of Commissioner Tony Braswell , Kim Southwick , partner of Robert Bermingham , reported the operation would be open seven days a week primarily during the summer time and scaling back to the weekends during colder season months Commissioner DeVan Barbour asked how much site work would be done to the property Mr Bermingham stated some selective clearing to cut paths for the zipline courses would be done He noted the two proposed locations of the rope challenge courses are not timbered and they plan to construct the courses within the trees Mr Bermingham stated minimal site work would be done in that they want to re - establish the natural vegetation and enhance the land so customers can enjoy nature Commissioner Cookie Pope noted the special conditions call for the operation to be maintained in accordance with the American National Standards Institute and she asked if the Institute would periodically inspect the operation Mr Bermingham reported the operation would have annual and bi - annual inspections done by an official third party inspector Upon a question by Commissioner Braswell , Mr Bermingham stated the operation would not be utilized as a training ground , but only for recreational purposes Commissioner Allen L Mims , Jr noted the lighting mentioned in the special conditions would apply only to the parking area for security PagePage pageNumber5674 February 3 , 2010 – 6 00 pm Continued Mr Bermingham confirmed that they would not be installing lighting on any of the zipline or ropes courses and only at the parking area Commissioner Barbour asked if any type of public address system would be utilized Mr Bermingham reported a public address system would not be allowed Ms Southwick stated handheld radios would be used by staff for communication purposes Commissioner Barbour stated he would like for a condition to be added that would prohibit a public address system to make sure that if the operation changed ownership in the future , such systems would not be allowed Commissioner Pope stated that she would hope the front of the operation would be attractive and recalled that Mr Frankie Gordon spoke during the rezoning hearing regarding his concerns that the operation would be an eyesore to the area Mr Bermingham stated the property would be cleaned up to re - establish the natural vegetation with a natural type fence to distinguish the property lines He noted signage would be minimal in accordance with the special conditions Mr Bermingham stated the front of the operation would be seen first by their customers and they want it to be pleasing to the eye Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 09 - 17 Decision on Special Use Case 09 - 17 Case 09 - 17 To allow for outdoor recreation for ziplines , challenge ropes courses and nature trails Owner Applicant Robert and Lynn Bermingham Based on the following findings of facts and the revised special use conditions adding a condition prohibiting public address systems , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 09 - 17 to allow for outdoor recreation for ziplines , challenge ropes courses and nature trails on 2297 acres located at 3326 Antioch Church Road in O’Neals Township Commissioner Allen L Mims , Jr seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Outdoor Recreation activities for Ziplines , Challenge ropes Courses , and Nature Trails 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Hours of operation shall be daylight hours , Monday through Sunday 5 All signage shall comply with the AR sign code , and non - lit 6 Installation of a Class B landscape buffer 2 large trees , 3 small trees and 9 shrubs every one hundred 100 linear feet along all rezoning lines , existing vegetation appears to be consistent with a Class B landscape buffer along Antioch Church Road , and shall remain or be replaced with equivalent 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 All activity elements shall be designed , constructed , and maintained in accordance with American National Standards Institute ANSI , and other associated industry standards 10 Daily inspections of individual safety equipment , annual safety inspection of activity elements 11 Staff shall be trained in First Aid and CPR 12 Per industry standards as disclosed by applicant , the applicant will maintain a minimum of 1 million in liability insurance and provide annual evidence to staff of insurance coverage 13 Recessed gated access 14 Minimum of 60 parking spaces , gravel parking area preferred 15 Public address systems are prohibited PagePage pageNumber6675 February 3 , 2010 – 6 00 pm Continued 3 Public Hearing – LDC Amendment – Duplexes Advertised – In The Smithfield Herald – January 20 and 27 , 2010 The Chairman opened the public hearing Planning Director Berry Gray reported the Planning Board has received feedback on the recent duplex amendment and is recommending further changes to the ordinance Mr Gray stated the proposed amendment would allow for duplexes and two unit townhomes in the Agricultural Residential district as a permitted use as long as the development meets the same density requirements as a single family development He noted any additional density would require the development to be located within a sewer service area and be rezoned to a Special Use District Mr Gray reported the Planning Board recommended approval of the amendment There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims , Jr , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the amendment to the Code of Ordinances , Land Development Code as follows Section 14 - 75 Agricultural - residential district AR b Permitted uses The following uses are permitted as a principal use 1 Single - family , or individual modular homes that utilize a An individual well and septic tank at a density of one dwelling per acre based on the gross land area of a development ; or b A public water supply system at a density of 15 dwellings per acre based on the gross land area of a development 12 Two Family Dwellings Duplex a A duplex dwelling is counted as one two units in density calculations and is permitted based on the density allowance in Section 14 - 75 b 1 b A duplex dwelling is established on a common lot with no zero lot line separating the two living areas 13 Two Unit Townhouse a A zero lot line along the common wall can be established creating a two unit townhouse only prior to construction of the structure to ensure that it meets appropriate building and fire code standards , as established by the NC Residential Building Code Exception will be given to those units originally constructed to townhouse standards b A zero lot line can be established as long as the opposing lot line is twice the setback required in Section 14 - 75 d c Such lots created must meet all lot design standards , subdivision requirements , and subdivision review procedures as set forth in this code Additionally , each lot created must be able to support its own separate septic system d A plat must be submitted to the Planning Board for review and approval in accordance with Article III of this Code Such plat must include a site plan showing the townhome location , septic system , driveways , and setbacks e For clarification , a duplex as described in this chapter cannot be converted into a two unit town home with the establishment of a zero lot line unless it was initially constructed to townhouse standards f An agreement must be in place and recorded in the office of the Register of Deeds to ensure proper maintenance of the structure c Special use districts For the agricultural - residential district , the following special use districts are established as a parallel special use district , pursuant to GS 153A - 340 Under each special use district the uses listed may be established only after issuance and recordation of a special use permit in accordance with the procedures and conditions specified in article IV of this chapter 12 Two Family Dwellings Duplex and Two Unit Townhouse meeting or exceeding the requirements of Section 14 - 75 12 & 13 with a density greater than 15 units per acre These developments should be served by sewer and located within the Sewer Service Areas 4 Public Hearing – LDC Amendment – Traffic Impact Analysis Advertised – In The Smithfield Herald – January 20 and 27 , 2010 The Chairman opened the public hearing Planning Director Berry Gray presented an amendment to the Board regarding the Traffic Impact Analysis guidelines as they relate to peak hour traffic counts He noted the current code requires that a TIA be conducted once a use generates 100 + trips during peak traffic hour Mr Gray explained that this can be interpreted to apply to the peak traffic on the adjacent street versus the actual generation of the use Therefore ,PagePage pageNumber7676 February 3 , 2010 – 6 00 pm Continued many uses generating large amounts of traffic during times that the adjacent street traffic is relatively low can be considered exempt from the TIA requirements Mr Gray stated staff’s intention is to ensure that all uses generating a large amount of traffic are required to perform a TIA , regardless of the adjacent street’s peak hour Mr Gray reported the Planning Board recommended approval of the amendment There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Allen L Mims Jr , seconded by Commissioner Jeffrey P Carver , and carried by unanimous vote , the Board approved the amendment to the Code of Ordinances , Land Development Code as follows Sec 14 - 366 Traffic impact analysis TIA 2 Requirement thresholds a Residential subdivision proposing 100 lots units or more b Nonresidential subdivision proposed which generates an average daily traffic count of 1,000 + vehicles per day or 100 + trips during peak traffic hour of generator This traffic count must be based on the latest version of the Institute of Transportation Engineers ITE Trip Generation Manual c Any residential or nonresidential development requiring a special use permit or site plan approval which generates an average daily traffic count of 1,000 + vehicles per day or 100 + trips during peak traffic hour of generator This traffic count must be based on the latest version of the Institute of Transportation Engineers ITE Trip Generation Manual 5 Landfill Gas to Energy Project Tim Broome , PE , Director of Utilities and Engineering , addressed the Board on the Landfill Gas to Energy Project Mr Broome explained that following authorization by the Board of Commissioners in September , staff issued a request for proposals for the Landfill Gas to Energy Project He stated proposals were invited on the basis of developers financing all capital costs of a gas collection system and electric power generating facility and for the developer designing , permitting , constructing and operating the gas to energy system Alternate proposals were invited for the County to finance , design , permit , construct and operate the gas collection system and for the developer to design , permit , construct , and operate the power generation facility For both options , the developer would be responsible for marketing carbon credits and negotiating a power sales contract Mr Broome reported seven responses were received in November 2009 He stated the Utilities Department staff and consultants reviewed the proposals and selected the following firms for due diligence investigations Landfill Gas to Energy Project Developer Evaluation Projected Schedule Projected Evaluation Firm Corp Address Initial Schedule to Royalty Min 10 Yr to Flare Power Sale DT Ranking Capital Revenue to Investment County New York , New Blue Source LLC York 45 million 1 31 2011 2 29 2012 193 2,800,000 23 Casella Waste Rutland , Vermont 46 million 11 1 2010 2 1 2011 098 1,420,000 17 Systems , Inc Methane Power , Inc Mooresville , NC 45 million 11 20 2010 8 31 2011 119 1,730,000 13 Ann Arbor , DTE Biomass Michigan 46 million 11 1 2010 11 1 2011 052 750,000 22 Energy , Inc As an alternate to energy sales to a utility , Casella offers a gas utilization project involving a local industry at a comparable royalty Based on carbon credit value of 600 per ton of CO and power purchase price of 008 per KWH 2 DT decatherm 1,000,000 BTU Based on a maximum possible score of 25 points Please see the attached spreadsheet Mr Broome reported each developer proposed a different formula for gas royalty payments to the County For all proposals , the amount of payments will vary based on gas quantity , gas quality , value of carbon credits , and energy purchase value Therefore , Mr Broome stated staff requested a cost proposal from eachPagePage pageNumber8677 February 3 , 2010 – 6 00 pm Continued developer based on a spreadsheet with ranges of pricing for carbon credits and for energy purchase unit values , which on this basis , all royalty proposals are on common terms Mr Broome stated staff has interviewed and evaluated each developer and contacted their references He noted that all four responders are capable of successfully developing and operating the gas to energy system , marketing carbon credits , and negotiating an energy sales contract Mr Broome reported that during the course of the due diligence evaluations , staff concluded that the option for the County constructing and operating the gas collection system would not be in the best interest of the County Mr Broome explained that the Environmental Protection Agency EPA requires all landfill operations that exceed established levels of non - methane organic compounds NMOC , which emanates from landfill gas , to install a gas collection system Mr Broome reported that if the County continues to grow at the current rate , then the County could exceed the established EPA thresholds in approximately twenty years , at which time , the County would have to install a gas collection system He noted that if the economy begins to pick up and the County starts to grow at a rate similar to two years ago , then the threshold could be exceeded in fifteen years Mr Broome added that the EPA is monitoring landfill operations that presently do not have gas collection systems He stated there is a possibility that the EPA could initiate an effort to lower the established NMOC levels which would require the County to install a gas collection system in possibly as soon as five years Mr Broome stated the Landfill Gas to Energy project would accomplish two major items , 1 produce a revenue stream for the County ; and 2 allow the County to have a gas collection system installed for free which ultimately will be required in the future at a cost Mr Broome reviewed the four proposals with the Board On the basis of evaluations by the selection committee , Mr Broome stated staff recommends the selection of Blue Source , LLC , of New York as the private partner for development of the program He offered to answer any questions Commissioner Jeffrey P Carver asked how the Request for Proposals RFP was distributed Mr Broome reported the RFP was sent to companies that staff knew of as well as the RFP was placed on the County’s website and also sent out through the EPA’s Landfill Methane Outreach Program website listserve which is distributed nationwide Mr Broome requested the Board’s authorization for staff to negotiate a contract with Blue Source , LLC for the system development and operations with the objective of bringing a final draft contract to the Board for consideration in April Mr Broome stated staff would assemble a committee consisting of the following individuals to work through the negotiations Tim Broome , PE , Director of Utilities & Engineering Finance Department Representative Jackie McLamb , Consultant to Public Utilities County Manager Rick Hester County Commissioner County Attorney to review final terms of contract Mr Broome also asked the Board for permission to negotiate a contract with Methane Power , Inc as a second option , if discussions with Blue Source , LLC are not successful It was the consensus of the Board for Commissioner Allen L Mims , Jr , to serve on the committee as the County Commissioner representative Upon a motion by Commissioner Cookie Pope , seconded by Commissioner W Ray Woodall , and carried by unanimous vote , the Board took the following actions • Authorized the above listed committee and staff to negotiate a contract for the Landfill Gas to Energy Project with Blue Source , LLC of New York for the Board’s consideration in April ; and • Approved Methane Power , Inc as a second option , in the event contract negotiations with Blue Source , LLC are not successful 6 Liability Insurance Policy Discussion Planning Director Berry Gray reviewed with the Board the following policy developed by the Planning Board as it relates to the requirement of liability insurance for certain special uses PagePage pageNumber9678 February 3 , 2010 – 6 00 pm Continued Liability Insurance Policy Purpose To ensure that the general public is protected from hazards created by special uses Condition A minimum of 1,000,000 in liability insurance is required with proof of coverage provided to the Planning Department on the first of every year Liability Insurance Monitoring Planning staff will place a notice in the special use spreadsheet for those permits requiring insurance At the first of each year , staff will review the list to ensure that the appropriate documentation has been received If it has not , a notice will be sent to the permit holder If proof is sent within the prescribed timeframe of the notice with no lapse in coverage , then the permit will not be revoked Liability Insurance Requirement • Those uses in which appropriate local , state , or federal licenses , certificates , or permits require liability insurance coverage • Those uses which may pose a safety hazard to the patrons or general public including uses that attract or cater to infants , children , or large crowds of people These include daycare facilities , fire arm sales , shooting archery ranges , outdoor and indoor recreational facilities , hazardous flammable materials storage or manufacturing , clubs , congregation of large numbers of people such as concerts , carnivals , and churches , or any use that may negatively affect the health and safety of the public Mr Gray stated the Planning Board asked for the policy to be shared with the Board of Commissioners and offered to answer any questions Commissioner Tony Braswell stated his concern with requiring liability insurance as part of a special use permit has to do with the County requiring a specific or minimum amount of coverage Commissioner Braswell questioned whether the County could possibly be held liable in a lawsuit if the County requires liability insurance coverage as a special use condition County Attorney David Mills compared the issue brought up by Commissioner Braswell to the State of North Carolina requiring minimum amounts of coverage for automobile insurance Mr Mills noted that while the State requires minimum limits of coverage , people are advised to have greater coverage limits Commissioner DeVan Barbour voiced his concerns with liability the County may have if the County requires liability insurance as part of the special conditions and does not properly monitor the permit each year to ensure that the insurance is maintained and does not lapse Mr Mills advised that the County as a government body would have governmental immunity in such instances Commissioner Barbour stated that there could be instances where liability insurance is purchased by the special use permit holder and the individual names the County as an additional insured on the policy , thereby creating a situation where the County could be held liable as a named insured on the policy Mr Mills stated that only the Board of County Commissioners could waive governmental immunity by purchasing liability insurance directly He added that it is his opinion that governmental immunity could not be waived due to the County being named as an additional insured on a liability insurance policy that was secured and paid for by another party as part of a special use permit condition Commissioner Braswell questioned if the issue of requiring liability insurance is a matter that the County should even enter into He stated that he believes the intentions of the Planning Board are good and while the main concern of the Planning Board is to ensure the health and safety of the citizens ; he does not feel the County should require liability insurance on special use permits Chairman Wade M Stewart stated the big question is whether or not the County is opening itself up to being at risk because liability insurance is required and there is no follow up by the County to ensure the policy is maintained Mr Mills advised that he does not believe the County would be held liable if the liability insurance policy lapsed Mr Mills noted that there are thousands of uninsured motorists on the road every day , many ofPage0679 February 3 , 2010 – 6 00 pm Continued which are involved in auto accidents each year resulting in injuries or fatalities He noted in such cases , even though the driver has no insurance , the State of North Carolina is not held liable or named in lawsuits Commissioner Jeffrey P Carver agreed with Mr Mills that banks lend money to individuals to purchase automobiles and require auto insurance as part of the loan terms , yet if those people allow their policies to lapse , the bank is not held liable in cases of accidents Mr Mills advised that he would not recommend the Board having a policy stating the County is not going to require liability insurance He noted there could be instances in the future where liability insurance may be appropriate , as decided on by the Board Commissioner Braswell commented that many operations are required to have insurance by the State therefore ; he questioned why the County would take an additional step by requiring liability insurance Chairman Stewart stated the Planning Board has not asked the Board of Commissioners to take an action on the policy in that the Planning Board only wished to share their policy with the Commissioners to provide insight as to when they feel the requirement is appropriate 7 Manager Reports and Comments A Possible Debt Restructuring County Manager Rick Hester reported that he along with the Finance staff would be working with Commissioner Jeffrey P Carver on possible debt restructuring in order to maximize the County’s cash flow situation Commissioner Carver stated if any additional cash flow is identified , it would not be for the purposes of acquiring additional debt , but rather it would be to help offset the existing debt the County presently has B Economic Development Director Position County Manager Rick Hester recommended the Board approve the hiring of Peggy Anderson for the Economic Development Director Position on a part time basis for 2 to 3 days per week at a rate of 60 per hour Mr Hester stated Ms Anderson is a retired Economic Development Representative from the North Carolina Department of Commerce and she would be a good fit for the Economic Development Department Upon a question by Chairman Wade M Stewart , Mr Hester confirmed that Ms Anderson has agreed to work on a part time basis at a rate of 60 per hour Mr Hester stated Ms Anderson would not be compensated for her travel time to and from work , but would be reimbursed for eligible on - the - job expenses Commissioner Jeffrey P Carver inquired if the part time position would include benefits or perks Mr Hester stated the part time position would not include any benefits Motion Commissioner Cookie Pope moved the Board approve the employment of Peggy Anderson on a part time basis at 60 per hour , based on the County Manager’s recommendation Commissioner W Ray Woodall seconded the motion Further Discussion Commissioner Carver questioned why the Board would need to vote on the hiring of an employee that would report to the County Manager Mr Hester stated the position was originally advertised as a full time position to be appointed by the Board of County Commissioners Commissioner Carver indicated that the part time position would not be an appointed position of the Board Page1680 February 3 , 2010 – 6 00 pm Continued Vote The motion carried by unanimous vote 8 Board Reports and Comments A Junk Vehicle Complaints Commissioner W Ray Woodall reported he has been receiving many complaints regarding the number of junk vehicles in the County and initiated a discussion regarding the matter County Manager Rick Hester and Planning Director Berry Gray explained that the Planning Department is complaint driven and investigates complaints regarding junk vehicles as they are received Mr Gray reported the Planning Department staff works diligently to enforce the County’s ordinance regarding such issues and he encouraged anyone that has a complaint regarding junk vehicles to contact the Planning Department at any time and staff would investigate the matter There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 7 35 pm Wade M Stewart , Chairman Paula G Woodard , Clerk to the BoardPage