04-01-2024 Meeting Minutes BOCApril 1, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS April 1, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear G. Nicholas Herman, County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, April 1, 2024 at 6:00 p.m.in the Commissioners’ Boardroom
215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order. Commissioner Sims offered an
invocation and Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
A motion was made by Commissioner Palmer and carried 5-0 to approve the
agenda with the addition of Closed Session #1 per General Statute 143-318.11(a)(3) for the
purpose to consult with the County Attorney to preserve attorney-client privilege.
PROCLAMATION RECOGNZING APRIL AS CHILD ABUSE PREVENTION
MONTH
Social Services Director Carlton Paylor read a Proclamation recognizing April as
Child Abuse Prevention Month.
A motion was made by Commissioner Sims and carried 5-0 to adopt a
Proclamation recognizing April as Child Abuse Prevention Month.
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PROCLAMATION DESIGNATING APRIL 7, 2024 - APRIL 13, 2024 AS
NATIONAL LIBRARY WEEK
Library Director Kayli Reyna read a Proclamation designating April 7-13, 2024 as
National Library Week in Person County.
A motion was made by Commissioner Palmer and carried 5-0 to adopt a
Proclamation designating April 7-13, 2024 as National Library Week in Person County.
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PUBLIC HEARING:
CONSIDERATION OF APPROVAL OF PRIVATE ROADWAY HIGH SLOPE
TRAIL TO BE ADDED TO THE DATABASE FOR E-911 DISPATCHING
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for Consideration of Approval of Private Roadway High Slope
Trail to be added to the Database for E-911 Dispatching.
GIS Director Sallie Vaughn presented. She stated that this location is just down the
road from the one she brought before the Board a month ago. She stated that the developer
is the owner of five parcels of land along an existing subdivision and has decided to develop
that property. She stated that this right of way will serve at least three homes and possibly
as many as five. She stated that based on the ordinance requiring addresses and road naming
in Person County, naming is required. She stated that public notice was made in the
newspaper and signage was placed at the location of the road to be named. She stated that
the name of the road, High Slope Trail was chosen by the developer. She stated that the road
name is compliant with all naming regulations in the ordinance.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Consideration of Approval of Private Roadway High Slope Trail to be
added to the Database for E-911 Dispatching.
A motion was made by Commissioner Thomas and carried 5-0 to close the public
hearing for Consideration of Approval of Private Roadway High Slope Trail to be added to
the Database for E-911 Dispatching.
CONSIDERATION TO GRANT OR DENY CONSIDERATION OF APPROVAL OF
PRIVATE ROADWAY HIGH SLOPE TRAIL TO BE ADDED TO THE DATABASE
FOR E-911 DISPATCHING
A motion was made by Commissioner Puryear and carried 5-0 to approve Private
Roadway High Slope Trail to be added to the Database for E-911 Dispatching.
QUASI-JUDICIAL HEARING:
SUP-02-24 – A REQUEST BY THE APPLICANT, THE TOWERS, LLC, AND
PROPERTY OWNER, JAMES SWAYZE FOR SPECIAL USE PERMIT
APPROVAL ON AN ±18.63-ACRE LOT (TAX MAP NO. A80 111), LOCATED AT
2094 LAWSON CHAPEL CHURCH RD, TO ALLOW THE LAWSON CHAPEL
CHURCH RD TOWER (A TELEPHONE TRANSMITTING TOWER) IN AN RC
(RURAL CONSERVATION) ZONING DISTRICT, PER SECTION 155 OF THE
PERSON COUNTY PLANNING ORDINANCE
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A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised quasi-judicial hearing for SUP-02-24 – A request by the Applicant, the Towers,
LLC, and Property Owner, James Swayze, for Special Use Permit approval on an ±18.63-
acre lot (Tax Map No. A80 111), located at 2094 Lawson Chapel Church Rd., to allow the
Lawson Chapel Church Rd. Tower (a telephone transmitting tower) in an RC
(Rural Conservation) zoning district, per Section 155 of the Planning Ordinance.
Clerk to the Board, Michele Solomon administered the Oath of Sworn Testimony to
the following individuals who offered testimony during the quasi-judicial hearing:
Chris Bowley, Ralph Wyngarden, Jeremy Holt, and Michael Berkowitz
Planning & Zoning Director Chris Bowley shared the following presentation for
SUP-02-24 – A request by the Applicant, the Towers, LLC, and Property Owner, James
Swayze, for Special Use Permit approval on an ±18.63-acre lot (Tax Map No. A80 111),
located at 2094 Lawson Chapel Church Rd., to allow the Lawson Chapel Church Rd.
Tower (a telephone transmitting tower) in an RC (Rural Conservation) zoning district, per
Section 155 of the Planning Ordinance.
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Mr. Bowley presented Exhibit A: Aerial Photo showing the proposed property and location
where the tower will be placed.
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Mr. Bowley presented Exhibit B: Future Land Use Map showing rural designation for the
subject property and all surrounding properties.
Mr. Bowley presented Exhibit C: Zoning Map and advised the property is in the Rural
Conservation (RC) Zoning District.
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Mr. Bowley presented Exhibit D: Site Plan showing the tower straight down as a guy-wire
tower that is 305 feet with a 4 feet tall lightning rod for a total of 309 feet.
Mr. Bowley stated that this page of the site plan shows the tower.
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Mr. Bowley turned the presentation over to Ralph Wyngarden, who is here on behalf of
the Applicant, the Towers, LLC. Mr. Wyngarden presented the following.
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The following individuals appeared before the Board to speak in favor of during the quasi-
judicial hearing for SUP-02-24 – A request by the Applicant, the Towers, LLC, and
Property Owner, James Swayze, for Special Use Permit approval on an ±18.63-acre lot
(Tax Map No. A80 111), located at 2094 Lawson Chapel Church Rd., to allow the Lawson
Chapel Church Rd. Tower (a telephone transmitting tower) in an RC
(Rural Conservation) zoning district, per Section 155 of the Planning Ordinance.
Jeremy Holt of 13808 Sunrise View Drive, Charlotte testified that he did the site
acquisition and that the property owner Sylvia Crutchfield Swayze resides in Greensboro
and could not be here today. He advised that he is here on her behalf and read a letter that
she wrote to be presented to the Board. The letter read as follows:
“I regret to inform you that I am unable to attend the meeting. I am asking these
historical facts be stated prior to the Board’s decision. I, Sylvia Crutchfield Swayze, am a
third-generation landowner in Roxboro. As a child, I spent my summers on my
grandparent’s tobacco farm on Lawson Chapel Church Road. As a property owner, I
wanted to be a good neighbor. Although I reside in Greensboro, I have always wanted this
property to somehow benefit the greater community at large. About a year ago, we were
approached by a cellular representative and ultimately our land was selected for a potential
site that would provide cellular connectivity in the area that has poor to no service. This
agreement provides cell service for residents and visitors to Roxboro and the greater
Person County.”
A motion was made by Commissioner Sims and carried 5-0 to close the quasi-
judicial hearing for SUP-02-24 – A request by the Applicant, the Towers, LLC, and
Property Owner, James Swayze, for Special Use Permit approval on an ±18.63-acre lot
(Tax Map No. A80 111), located at 2094 Lawson Chapel Church Rd., to allow the Lawson
Chapel Church Rd. Tower (a telephone transmitting tower) in an RC (Rural Conservation)
zoning district, per Section 155 of the Planning Ordinance.
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CONSIDERATION TO GRANT OR DENY SUP-02-24 – A REQUEST BY THE
APPLICANT, THE TOWERS, LLC, AND PROPERTY OWNER, JAMES
SWAYZE FOR SPECIAL USE PERMIT APPROVAL ON AN ±18.63-ACRE LOT
(TAX MAP NO. A80 111), LOCATED AT 2094 LAWSON CHAPEL CHURCH RD,
TO ALLOW THE LAWSON CHAPEL CHURCH RD TOWER (A TELEPHONE
TRANSMITTING TOWER) IN AN RC (RURAL CONSERVATION) ZONING
DISTRICT, PER SECTION 155 OF THE PERSON COUNTY PLANNING
ORDINANCE
A motion was made by Commissioner Puryear and carried 5-0 to approve SUP-
02-24 – A request by the Applicant, the Towers, LLC, and Property Owner, James
Swayze, for Special Use Permit approval on an ±18.63-acre lot (Tax Map No. A80 111),
located at 2094 Lawson Chapel Church Rd., to allow the Lawson Chapel Church Rd.
Tower (a telephone transmitting tower) in an RC (Rural Conservation) zoning district, per
Section 155 of the Planning Ordinance.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Alan Booker of Rougemont stated that he is deeply disturbed by the lack of
communication and complete disregard and inability by the Board to demonstrate respect
for those they represent. He stated that although the Board may have moved on from the
Dominion Energy gas project, residents have not.
Rhonda Currier of 106 Shannon Court, Timberlake stated that the decision on
December 4, 2023 to approve the rezoning of 485 acres from rural conservation to heavy
industrial to allow Dominion Energy to build Moriah Energy Center, has been, and
continues to be, a nightmare for residents of this community. She stated to add insult to
injury, at the January 2, 2024 meeting, people were accused of not being Person County
residents, and being paid. She stated that she was at that meeting, and the people there
were Person County residents and not paid to be there. She stated that it was also stated
that the people were not civil. She stated the people were civil until the Board delivered a
gut punch by voting unanimously to pass the rezoning proposal without showing any
concern for what they heard from Person County residents. She stated that at the March
18, 2024 meeting that the Board approved a 25.6 -acre salvage yard operation and had
more questions and concerns over oil spillage than they had over the Dominion Energy
facility.
Liz Bradsher of 976 Estate Road, Semora thanked the Board for pursuing the DSS
issue. She spoke on matters related to Project Log located on Woodsdale Road. She stated,
from Phillip Allen to Sherry Wilborn, you hear that this project will be good for the
County.
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Bradsher stated that she hopes this is the case, as the process demonstrates a lack
of vetting on the project developer, Mason Day, and his partner and consultant Sherry
Wilborn. She stated that she believes that the Person County Business and Industrial
Center (PCBIC) and the Person County Board of Commissioners do not understand the
scale and scope of this project, because if they did, she would not be here today. She
stated that engineers employed by Norfolk Southern rail stated the site is not optimal for a
rail laydown yard due to the topography of the land. She stated that cost estimates are
between $12M and $14M, which suggests a private partner. She stated that Wilborn’s
timeline of business decisions to include the development of her LLC, her resignation
from the County, and the purchase of a warehouse used by Day, and Day’s NC LLC
registration, suggests that Wilborn used insider knowledge to gain personal benefit from
this project. She stated that this has been a plan for some time. She stated, according to the
conveyance signed in September 2023, the PCBIC conveyed 35 acres at a price of $1K
per acre. She stated that fair market value for each acre is $5K to $7K, which means a loss
of $140K for the PCBIC. She stated that we know that the PCBIC lost proceeds from the
timber, that the site plans were not submitted to the County, that there were State
Environmental and DOT concerns, and a noncompliance letter from the County was sent
to Day, Wilborn, and Allen in February. She stated that Project Log has been obstructed
from public view, and eventually will belong to Day and Wilborn, and they will decide
who can use the site and how it will affect Person County business. She stated that PCBIC
is a broken entity and separation from the County must take place.
Andrea Childers of 270 Blackberry Lane, Rougemont stated that she has been a
resident of Person County for 31 years. She asked the Board to consider reversing the
zoning decision that was made on December 4, 2023. She urged the Board to conduct an
Environmental Impact Study. She stated that the residents are still awaiting answers to
their questions that were submitted to Dominion Energy.
Katie Moore of 411 N. Lamar Street, Roxboro asked the Board to reverse the
zoning decision made on December 4, 2023 to permit the Moriah Energy Center. She
requested that the Board request an Environmental Impact Study and stated that the Board
and Dominion Energy are the only two entities that can request it to be done. She stated
that residents have yet to receive answers to the questions that were submitted to
Dominion Energy. She stated that she has heard no convincing information that this
facility would have any benefit to Person County.
Jill Hoffman of 260 BC Way, Rougemont stated that she had family over for
Easter and all had a good time and enjoyed the beautiful weather. She stated that she feels
that may have been the last time that she will be able to have an experience like this,
breathing fresh air, and enjoying the woods, hunting Easter eggs, based on the Boards’
decision on December 4, 2023 to allow this storage facility for natural gas to be put in her
backyard, less than 1,700 feet from the site. She stated that she would be able to see the
towers from her house, and they will look awful against the blue sky. She asked the Board
to reverse the rezoning decision.
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PJ Gentry of 541 Byrd Creek Lane, Hurdle Mills stated that the biggest issue with
the Board is transparency and openness. She stated that the people in this County are not
stupid; they are educated and smart. She stated that the lack of trust and accountability
will be the legacy of this Board.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of March 18, 2024,
B. Budget Amendment # 20,
C. Written Order for SUP-06-23 – A request by the Applicant and Property Owner,
Conner Perkins, for Special Use Permit approval on a ±5.8-acre lot (Tax Map No.
68 135) located at 1351 Jim Thorpe Highway, approximately 800 LF southwest of
the Jim Thorpe Highway/Allie Clay Rd. intersection, to allow for a
camper/recreational vehicle park within an R (Residential) zoning district, per
Section 155 of the Planning Ordinance, and
D. Written Order for SUP-01-24 – A request by the Applicant and Property Owner,
Matthew Brandon, Brandon’s Wrecker Service, Inc., for Special Use Permit
approval on a ±25.6-acre lot (Tax Map No. A58 192) located at 5022 Boston Rd.
to allow for a salvage operation/junkyard-commercial use in an RC (Rural
Conservation) zoning district, per Section 155 of the Planning Ordinance
NEW BUSINESS:
PERSON COUNTY BUSINESS AND INDUSTRIAL CENTER (PCBIC) FUNDING
REQUEST
Presented by PCBIC Vice President Scott McKinney. He advised that at the
February 20, 2024 Board meeting, Vice Chairman Sims stated that he had requested PCBIC
financial reports, and stated that PCBIC has upcoming bills, and that they would be coming
to the Board to request funding. McKinney stated that the PCBIC is requesting $10K from
the County to cover PCBIC’s expected costs through June 30, 2024. He stated that $8K
would be for incurred and expected legal expenses for projects, and $2K would be used to
clean up the entrance of the Industrial Park on Crown Boulevard. He stated that the County’s
contingency funds may be the most appropriate source for obtaining the money, or as
another option, funding through the County’s Economic Catalyst Fund. He asked the Board
not to take funding from the County’s Economic Development Department. He stated that
PCBIC has formed a subcommittee to develop a detailed request for a year’s worth of
funding and would present to the Board at the next scheduled meeting.
County Manager Katherine Cathey stated that she did not have a recommendation
on where to source the funding. She stated that there would need to be a written agreement
between the County and PCBIC that details the expectations for the use of the funds and for
PCBIC to give a report to the County when the money is spent.
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Commission Puryear stated it is his recommendation that the Board table this item
until the April 15, 2024 Board meeting to obtain a full recommendation on the funding
source and a written agreement prepared by the County Manager.
A motion was made by Commissioner Puryear and carried 5-0 to table this item
until April 15, 2024 in order to obtain a full recommendation on the funding source and a
written agreement prepared by the County Manager.
PRESENTATION OF FY2025-2029 RECOMMENDED CAPITAL
IMPROVEMENT PLAN (CIP)
Presented by County Manager Katherine Cathey. She stated that the CIP is an
important planning tool for our county to use. She stated that it reflects the Board of
Commissioners priorities for large capital projects that cost $50K or more per project for
Person County Government, Piedmont Community College, Person County Schools,
Person County Museum of History, and the Person County Senior Center. She stated that
there are many competing demands and priorities for County funds. She stated that in the
CIP, staff has worked hard to create a balanced plan with needs and priorities considered
within our logistical and financial constraints. She stated that the projects in this plan span
the next five years; however, the fiscal impacts will extend far beyond that. She stated that
projects that are financed incur debt service payments typically over a 15- to 20‐year
period; therefore, the full array of funding sources needed to support the projects as well
as potential impacts to future operating budgets are also presented. She stated that the
Board of Commissioners reviews the five‐year CIP every year, but only funds the projects
on an annual fiscal year basis. She stated that the CIP is presented as information only at
this meeting, and that staff proposes adoption of the CIP at the April 15, 2024 Board of
Commissioners meeting.
Chairman Powell stated that the report is good; however, he had a few questions.
He asked was there a need for all the Emergency Services Radio Systems to be replaced at
the same time, and questioned if they could be staggered. Cathey advised that the radio
systems have reached end of life and no longer supported. Finance Director Amy
Wehrenberg stated that all would need to be replaced at the same time, as the newer radios
would not be compatible with the current radio system. Powell stated that he would like to
see the addition of a new maintenance building for Person County Schools. He stated that
the current maintenance building at the corner of Leasburg Road and Winhaven Street was
constructed in 1940 or 1941 and used to house the school bus garage. He stated that the
portion of the building where surplus equipment to be sold is stored, is falling apart and in
total disrepair. He stated that he has checked into the cost for a new building, and it would
be $3M. Cathey stated that she would like a written request from the school system before
adding the project to the CIP. Powell advised he would discuss the request with the school
system.
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended the EDC/PCBIC meeting and there was
lots of discussion about what is going on economically in Person County. He stated that he
attended a ribbon cutting ceremony at Hall’s Way for NC Department of Health and Human
Services Employment Services for People with Disabilities. He reported that he met with
Ryan Combs, Research Triangle Regional Partnership (RTRP) Director, and a good
discussion was had about how Person County is being promoted in the RTRP Group, which
consists of about 12 counties. He reported that he attended the Tourism Development
Authority (TDA) Tourism Summit. He stated it was well presented and well attended.
MANAGER’S REPORT:
County Manager Katherine Cathey advised the Board of the need to schedule an
orientation for the board acting as the Consolidated Human Services (CHS) Board. She
stated that the Board will assume the responsibilities of the CHS Board on April 15, 2024.
She advised the Board of two options for orientation, April 16 or April 17, 2024. She stated
the orientation would be from 9:00 a.m.-11:00 a.m. with CCR Consultants. She stated that
light breakfast would be served at 8:30 a.m. She stated the location would be in the FEMA
room and would be open to the public. It was the consensus of the Board to schedule the
orientation for April 16, 2024.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims thanked those in attendance that came and expressed concerns
regarding issues within the county. He stated that he understands the sensitivity, especially
with the No MEC. He pointed out an individual in the audience holding a sign that read,
‘No Harm to Our Farms”. He stated that as a County Commissioner, he as well as the rest
of the Board, are not here to do any harm to the farms.
Commissioner Palmer reported that a bicyclist, a non-Person County resident who
rides Person County roads, was bitten by a dog on February 28, 2024 on Poindexter Road,
and that the bicyclist also encountered dogs on Berry Pearce Road. He stated that the same
bicyclist on March 14, 2024 was traveling on Ned Moore Road, and was chased and
cornered by two dogs. He stated a fourth occurrence happened on March 30, 2024 on Clay
Long Road, and the bicyclist was chased by two German Shephard dogs that tried to jump
on her bicycle. He stated that the bicyclist advised she may not return to Person County
because of the incidents that occurred. He stated that the County needs a stricter ordinance
for vicious dogs with increased fines and fees associated with it. He stated that it is an
absolute shame that people do not take responsibility for their animals.
Commissioner Puryear and Commissioner Thomas had no report.
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A motion was made by Commissioner Thomas and carried 5-0 to enter into Closed
Session #1 at 7:25 p.m. per General Statute 143-318.11(a)(3) for the purpose to consult with
the county attorney in order to preserve the attorney-client privilege with the following
individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board
Michele Solomon, and County Attorney Nick Herman.
Chairman Powell called the closed session to order at 7:26 p.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 7:49 p.m.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 7:50 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman