MINUTES/MEETING OF THE ROXBORO CITY COUNCIL
TUESDAY APRIL 9, 2013 – 7:00 P.M. CITY COUNCIL MEETING
CITY HALL IN THE COUNCIL CHAMBERS - ROXBORO, NC
Members Present:
Mayor Merilyn P. Newell
Mayor Pro Tem William Davis
Council Member Henry Daniel
Council Member Sandy Stigall
Council Member Mark Phillips
Council Member Byrd Blackwell
Member Absent:
Others Present:
City Manager Stephen Steese
Asst. City Manager Tommy Warren
City Clerk Trevie Adams
City Attorney Nick Herman
CALL TO ORDER:
Mayor Merilyn P. Newell called the meeting to order at 7:00 p.m. welcoming everyone in
attendance. Rev. Ron Booker of Jones Chapel Church and also a City Employee provided
the invocation.
PLEDGE OF ALLEGIANCE:
Mayor Merilyn P. Newell led Council and those in attendance in reciting the Pledge of
Allegiance to the Flag.
AGENDA ADOPTION:
Mayor Merilyn P. Newell presented the agenda asking for an additions or modifications.
Council Member Byrd Blackwell offered a motion to approve the agenda as presented,
with a second by Council Member Sandy Stigall and upon being put to a vote was carried
unanimously.
CONSENT AGENDA ADOPTION:
Mayor Merilyn P. Newell presented the consent agenda and asked if anyone had any
additions, changes or comments. A motion was offered by Mayor Pro Tem William Davis
to approve the consent agenda as presented with a second by Council Member Henry
Daniel and upon being put to a vote, was carried unanimously.
RECOGNITIONS:
 Chief Todd Boycher presented Daniel Roberson with his Advanced Law Enforcement
Certification and introduced new hire Karissa Kimrey to Council.
PUBLIC COMMENT:
1. Mr. Robert Trotter of 117 Hill Street, Roxboro, N.C. commented on several issues
regarding the merger of the City/County Planning Board and Board of Adjustment. Mr.
Trotter spoke against the merger of the two boards.
2. Ms. Lois Winstead of Lamar Street addressed Council with concerns of the merger
of the Planning Board and Board of Adjustment with the County.
3. Ms. Martha Butler of 213 S. Lamar Street, Roxboro, N.C. also addressed Council
with concerns of a merger between the City and County Board of Adjustment and
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Planning Board stating it would be wiser to have a unified code in place then merge
the boards.
PUBLIC HEARINGS AND ORDINANCE MATTERS:
1. Voluntary Annexation – Wastewater Plant (Public Hearing)
Assistant City Manager Tommy Warren stated that the wastewater treatment
plant, located on Cavel Chub Lake Road is outside the city limits and the property is
owned by the City of Roxboro and meets the requirements for satellite annexation.
The property is located within a mile of the existing city limits and is not located
closer to another city than the City of Roxboro and the area when combined with the
other satellite areas does not exceed 10% of the existing area of the City of Roxboro.
The area being annexed is 60.72 acres and was purchased by the City in the early
1960’s as the site for the wastewater treatment plant. Mayor Merilyn P. Newell
opened the Public Hearing at 7:22 p.m. asking anyone that would like to speak on
this matter to do so at this time.
1. Ms. Lynn Bryson of 121 Stoneridge Lane, Roxboro, N.C. expressed concerns
for annexation next to her property. After some discussion, Ms. Bryson’s
property is adjacent to the Water Plant not the Wastewater Plant.
There being no further public comment, Mayor Newell closed the Public Hearing
at 7:30 p.m. Council Member Mark Phillips offered a motion to approve the
Wastewater Treatment Plant Annexation as presented with a second by
Council Member Henry Daniel and upon being put to a vote was carried
unanimously. Clerk’s Note: A copy of said Ordinance is hereby incorporated
into the minutes of this meeting.
2. Zoning Ordinance – Wastewater Plant (Public Hearing)
Planning Director Aaron Holland reported to Council that the City of Roxboro is
requesting initial zoning for properties located at 902 Cavel-Chub Lake Road (Person
County Tax map 142, Lots 6-1 & 13) to I-1 (Light Industrial). This property is the
location of the City of Roxboro’s Wastewater Plant and is approximately 64.90 acres.
Mayor Merilyn P. Newell opened the Public Hearing at 7:32 asking anyone that
would like to speak on this matter to do so at this time. There being no comment at
this time Mayor Newell closed the Public Hearing at 7:33 p.m. Council Member
Mark Phillips offered a motion to approve the Zoning Ordinance as presented
with a second by Council Member Byrd Blackwell and upon being put to a vote
was carried unanimously. Clerk’s Note: A copy of said Ordinance is hereby
incorporated into the minutes of this meeting.
3. Resolution of Intent – Water Plant
Assistant City Manager Tommy Warren presented Council with a Resolution of
Intent to Annex the City of Roxboro Water Treatment Plant and to set the time and
place for a Public Hearing concerning the annexation. This land is not contiguous to
the existing City Limits and the area to be annexed is a 24.76 acre parcel on the
Chub Lake Road where the Water Treatment Plant is located. The parcel qualifies
for annexation under GS 106A-58.7 and the total area satellite annexed by the City
will not exceed 10% of the existing City Limit area. After some discussion Council
Member Byrd Blackwell offered a motion to approve the Resolution of Intent as
presented setting the date for the Public Hearing as May 14, 2013 at 7:00 p.m.
with a second by Council Member Mark Phillips and upon being put to a vote was
carried unanimously. Clerk’s Note: A copy of said Resolution is hereby
incorporated into the minutes of this meeting.
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4. Rezoning – BTR Communities Group LLC – (Public Hearing)
Planning Director Aaron Holland presented Council with rezoning request from
BTR Communities Group, LLC for property located at 318 Old Durham Road (Person
County Tax Map 96, Lot 3) (Item #4), property located at 270 Old Durham Road
(Person County Tax Map 96, Lot 4)(Item #5) and property located at 254 Old
Durham Road (Person County Tax Map 96, Lot 5)(Item #6), from B-1 (Highway
Business) to R-2 (Residential-Medium Density). After some discussion it was the
consensus of Council to consider all three properties at one time and then
consider as one Public Hearing and one vote. Mayor Merilyn P. Newell opened
the Public Hearing at 7:39 p.m. asking anyone interested in addressing Council to
do so at this time.
1. Mr. Mark Duncan of 333 Old Durham Road, Roxboro, N.C. addressed Council in
objection to the rezoning of said properties stating this is “spot zoning” and not in
consistency with the long range plan for the area. New restaurant is opening
across from the properties in question and Mr. Duncan feels this will not be good
for business.
2. Mr. Johnny Blanks of Cavel Chub Lake Road, Roxboro, N.C. spoke in opposition
of the rezoning request stating that the surrounding area is zoned business.
3. Mr. Bruce Wrenn of Semora, N.C. also a business owner in the Old Durham area
feels that the City is getting away from the plan of growth for business in the area
of Old Durham Road.
4. Mr. Milton Smith of 116 Badger Circle, Roxboro, N.C. spoke on behalf of New
Brook United Methodist Church and their concern being traffic and if a turning
lane is required, which side of the road would the lane be. Mr. Smith stated the
church feels they need more information about the proposed project.
5. Mr. Bill Scantland of 1220 Arboretum Drive, Lewisville, N.C. and Project Manager
for BTR Communities offering positive aspects of land usage. The $7.5 million
project will be an improvement for the area. Mr. Scantland offered the following
information to Council:
a) 60 unit multi family living with income restrictions
b) 12 years since a project like this done in Roxboro/Person County (Barden
Ridge)
c) Quality and affordable housing - 2 Bedroom rentals will be $360 - $570
month and 3 Bedroom rentals will be $390 - $695 month
d) Application for tax credit - competitive process – conditions and upkeep
kept current – inspected annually
e) Criteria – guidelines for residents
6. Mr. Robert Trotter of 117 Hill Street, Roxboro, N.C. noted other successful
projects in the area such as The Garden and Bernie’s Blessings
7. Mr. Mark Duncan readdressed Council with concerns of “jacked up” cars being
parked.
8. Mr. Bill Scantland replied to Mr. Duncan’s concern by stating that tenants will be
held responsible and will agree to terms of their leases before being considered
as tenants. Being a for profit organization, the company will be just as concerned
about the appearance and up keep of the property.
9. Mr. Lawrence Blanks readdressed stating that Barden Ridge has signs out
stating leasing available.
10. Mr. Earl Brooks of 505 Old Durham Road, Roxboro, N.C. feels this is a good idea
for Roxboro just not the right location.
At this time City Attorney Nick Herman stated for the record that a motion can be
entertained for all three property rezoning request and that Council remember that
the matter before Council is the rezoning of said properties and not what the use of
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the property will be. Under the zoning ordinance of R-2 this property can be used for
any use within the realms of usage as stated in the ordinance.
11. Mr. Lin Cates of 4780 Chub Lake Road, Roxboro, N.C. feels the project would be
good for Roxboro and stands to profit from the sale of his land; however, he still
supports the idea of the project and thinks it will help in the growth of Roxboro.
There being no further public comment, Mayor Merilyn P. Newell closed the Public
Hearing at 8:30 p.m. After a brief discussion by Council, Council Member Henry
Daniel offered a motion to approve the three rezoning request as presented
with a second by Council Member Byrd Blackwell and upon being put to a vote
was carried with a vote of 4-1 with Council Member Sandy Stigall voting nay.
5. Rezoning – BTR Communities Group LLC – (Public Hearing)
See item #4
6. Rezoning – BTR Communities Group LLC – (Public Hearing)
See item #4
OLD BUSINESS:
7. New Street Signs
Roxboro Development Director Abby Gentry reported to Council that the Roxboro
Development Group would like to see street signs differ in the Uptown Roxboro area.
They define the uptown area to span throughout the National Register Historic
District, which would approximately be from Morehead Street to Academy Street and
Lamar Street to Foushee Street. The design committee’s suggestion is for white
street signs with black lettering and black poles with the addition of the City Seal to
each sign in the uptown area and green street signs with silver poles and possible
addition of the City Seal to all other City limit street signs. After some discussion,
Mayor Pro Tem William Davis offered a motion to approve white signs with
black lettering and paint the poles black for the Uptown Historical area of
Roxboro and green signs with silver poles along with the addition of the City
Seal to all other City limit signs with a second by Council Member Byrd
Blackwell and upon being put to a vote was carried unanimously.
8. Benches for Uptown
Roxboro Development Director Abby Gentry reported to Council that the Roxboro
Development Group met Wednesday, March 13, 2013 to discuss bench options for
the uptown area of Roxboro. The committee chose the Carnival Bench II by Thomas
Steele in black with either one center armrest or one center armrest with two end
armrests. The cost range would be $8,213.40 - $9,461.40 for twelve benches placed
in the uptown area. After some discussion, Council Member Sandy Stigall asked
that the consideration for benches in the uptown area be tabled and
reconsidered during the upcoming budget sessions with a second by Council
Member Henry Daniel and upon being put to a vote was carried unanimously.
9. City/County Planning Contract
City Manager Stephen Steese informed Council that it is the consensus of the City
of Roxboro Planning Board and Board of Adjustment that there are not any issues
with the city/county combining staff or moving toward the development of a Unified
Development Ordinance (UDO); however, there is overwhelming concerns with the
merging of the boards. Common concerns were that the priorities of the city may not
be that of the county, and the majority of both boards being county appointments
also raised concerns. After some discussion, Council Member Mark Phillips
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offered a motion stating that Council moves forward with combined staffing,
process of developing a Unified Development Ordinance (UDO) and removing
the merger of the Planning Board and Board of Adjustment from the proposed
agreement with a second by Council Member Henry Daniel and upon being put
to a vote was carried unanimously.
10. Condemnation of Railroad Property
Public Services Director Andy Oakley presented Council with a resolution to
condemn the necessary railroad right of way. After several attempts to contact the
railroad City staff has asked Hay Schneider Copeland for an appraisal of the property
and the value of the easement was calculated to be $1,500. The City has
determined that it is necessary for public health and safety that the City act
expeditiously to obtain the property and install the sewer. A permanent sanitary
sewer easement and temporary construction easement 97 feet north of Mile Marker
L86 near the southeast corner of Durham Road and Somerset Church Road,
containing 0.092 acres (4,000 square feet) will be acquired. After a brief discussion,
Council Member Sandy Stigall offered a motion to approve the resolution as
presented with a second by Council Member Henry Daniel and upon being put to
a vote was carried unanimously. Clerk’s Note: A copy of said resolution is
hereby incorporated into the minutes of this meeting.
NEW BUSINESS:
11. CDBG Close Out
Planning Director Aaron Holland presented Council with CDBG Close Out
information as provided by Mr. Michael S. Walser. Mayor Merilyn P. Newell opened
the Public Hearing at 9:40 p.m. asking anyone interested in speaking to do so at this
time. There being no public response, Mayor Newell closed the Public Hearing at
9:41 p.m. Mr. Holland reported to Council that in March 2011, the City of Roxboro
was awarded an additional $529,539.31 of Community Development Block Grant
(CDBG) funding from the North Carolina Department of Commerce, to provide for
additional rehabilitation of privately owned homes in the Hicks Circle/Kerr Drive area
of Cavel Village. As a result of this funding, nine homes were provided with
rehabilitation assistance. After a brief discussion, Council Member Henry Daniel
offered a motion to approve the Community Development Block Grant (CDBG)
closeout with a second by Mayor Pro Tem William Davis and upon being put to a
vote was carried unanimously.
12. Revolving Loan Application
Interim Finance Director Dan Craig presented Council with an application received
from Bobby Glenn and Christy M. Grissom for a loan of $30,000 from the City of
Roxboro’s Revolving Loan Program. They have purchased property located at 32
Court Street and have plans in place to renovate this property and lease it to a law
firm of which Christy Grissom is owner. The City will be in the position of a first lien
deed of trust on the property with possibility that the City will become a second lien
position if bank financing is obtained in the future by the owners. The property tax
listing value is $52,961 and the renovation plans are expected to be $65,900. After a
brief discussion, Mayor Pro Tem William Davis offered a motion to approve the
loan application as presented with a second by Council Member Henry Daniel
and upon being put to a vote was carried unanimously.
COMMITTEE REPORTS:
Council Member Henry Daniel attended a Recycling meeting held with the County as they
try to determine how recycling collections can be handled.
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ADMINISTRATIVE REPORTS
13. Financial & Tax Report
Interim Finance Director Dan Craig presented Council with the Financial
Statement ending February 28, 2013 and the tax report ending March 31, 2013.
Clerk’s Note: A copy of said Financial and Tax Report are hereby incorporated
into the minutes of this meeting.
14. Assistant Manager’s Report
Assistant Manager Tommy Warren reported to Council that there are still times
that an unpleasant odor is in the Somerset area near Gates Street. Last year staff
installed an additional bioxide pump at Helena pump station and on Tuesday April 2,
2013 Public Service Director Andy Oakley and Ricky Kendrick started at Helena
Pump station and tracked the sewerage from there to the manholes behind Gates
Street. On that day there was no odor problem. The staff determined in order to
clean out the lines and remove any potential odor causing microorganism they would
need to flush out the line with hydrogen peroxide which would kill any slime inside
the pipes and remove the microorganisms that adhere to the inside of the pipes.
Continuing, Mr. Warren reported that the sewer project at Patterson Drive is now out
to bid with opening date set for April 29, 2013. Bids will be presented to City Council
in May for consideration. This sewer line will cover the area between Fox’s Suzuki
and Food Lion, cross under Durham Road and the railroad track to serve the east
side of Durham Road near the Somerset Church Road area.
15. Manager’s Report
City Manager Stephen Steese reported to Council several upcoming dates of
interest including:

Economic Development Committee Meeting is Thursday, April 18 at 8:00 a.m.

Kerr-Tar COG meeting is April 25th at 6:e0 at the Henderson Country Club
Mr. Steese also reported to Council that work on the budget has begun with
distribution to Council scheduled for the May Council meeting. After some
discussion, it was the consensus of Council to set the first budget session for
Tuesday May 21, 2013 at 5:30 p.m.
SB 394 Lower Tax Rates for a Stronger NC Economy has been scheduled for
discussion in the Senate Finance Committee on Wednesday, April 3. The bill is a
significant piece of tax reform legislation that would eliminate several sources of
municipal revenues and replace them with an expansion of the sales tax base.
The impact of tax reform on municipalities and SB 394 were a major area of focus at
the Town Hall Day. The League has estimated that SB 394 would eliminate at least
$320 million in existing municipal revenue statewide through a variety of changes to
the state’s tax structure. They include:
1. Reducing the local sales tax on food from 2 percent to 1 percent;
2. Eliminating the State and local franchise taxes on electricity and natural gas, and
subjecting sales of those items to the full state and local sales tax rate;
3. Eliminating all State and local business privilege license taxes, including local
beer and wine privilege taxes; and
4. Eliminating the local distribution from beer and wine excise taxes.
New revenue for cities would be provided through expansion of the state sales tax
base to several service areas not currently taxed. However, the bill does not hold
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cities and towns harmless if the proposed reductions in municipal revenues are not
replaced by this additional revenue.
Continuing, Mr. Steese reported to Council that he had been contacted by Ms.
Deborah Dunn and Ms. Stephanie Waters about donating the property located at 133
Depot Street (old Roxboro Hospital or Roxboro Hotel) to the City. After some
discussion, Council Member Henry Daniel offered a motion to except the
donation of Hotel Roxboro building and land with a second by Council Member
Mark Phillips and upon being put to a vote was carried with a 4-1 vote with
Mayor Pro Tem William Davis voting Nay.
COUNCIL DISCUSSION:
No discussion at this time.
ADJOURNMENT:
There being no further business to discuss, A motion was offered by Council Member
Henry Daniel with a second by Mayor Pro Tem William Davis to adjourn this meeting at
10:25 p.m. and, upon being put to a vote, was carried unanimously.
_____________________________
Mayor Merilyn P. Newell
ATTEST:
__________________________
Trevie Adams, CMC/NCCMC
City Clerk
April 9, 2013
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