01-16-2024 Meeting Minutes BOCJanuary 16, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS January 16, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear T.C. Morphis, Jr., County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Tuesday, January 16, 2024 at 9:00 a.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. Reverend Clevie Brandon with Person
County Ministerial Alliance offered an invocation and Commissioner Sims led the group in
the Pledge of Allegiance. Commissioner Puryear was absent until 9:12 a.m.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Sims and carried 4-0 to approve the agenda
with the addition of Closed Session #4.
PUBLIC HEARING:
PETITION SUP-05-23 – A REQUEST BY THE APPLICANT AND
PROPERTY OWNER, BRANDON PATRICK, OF PATRICK PROPERTY
MANAGEMENT, LLC, FOR SPECIAL USE PERMIT (SUP) APPROVAL TO
ALLOW FOR OPEN STORAGE ON A ±2.0-ACRE LOT LOCATED AT THE
SOUTHWEST CORNER OF THE SEMORA RD. AND SKYLARK DR,
INTERSECTION (TAX MAP NO. A3 158 & PARCEL IDENTIFICATION NO. 9959-
00-96-8791.000), PER SECTION 155 OF THE PLANNING ORDINANCE
Planning & Zoning Director Chris Bowley shared the following presentation for
the Petition for Special Use Permit SUP-05-23, to allow for open storage.
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Mr. Bowley presented Exhibit A: General Map and stated that the General Map presented
shows the location and the existing NC Marine site at the corner of the intersection.
Mr. Bowley presented Exhibit B: Aerial Photo, and stated that the aerial photo shows the
site is vacant and cleared. He stated along the left-hand side is an existing recorded
easement 15 feet wide, which provides access to this tract. He stated that the tract also has
frontage on Semora Rd.
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Mr. Bowley presented Exhibit C: Future Land Use Map, and stated that this is the
Comprehensive Plan showing Hyco Lake Future Land Use Designation.
Mr. Bowley presented Exhibit D: Zoning Map and advised it is B-2 Zoning District,
Neighborhood Shopping.
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Mr. Bowley presented Exhibit E: Site Plan and advised it is required to be reviewed per
Section 81 of the Planning Ordinance, as well as Section 155 for Special Use Permits. He
stated that as you can see, it is a detailed site plan that shows the 15-foot wide easement on
the southwest side. He pointed out the NC Marine site, a proposed internal driveway, the
location of the boat storage area, chain link fence, and ice machine, which would be a
retail component. He stated that the ice machine would be moved over to the other lot and
access would be along Skylark Dr. He stated that access to the property to the south
would be provided through the 15-foot wide easement through two gates. He stated that
this property would be separate and detached from the NC Marine facility, even though
they are the same ownership.
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The public hearing was for a request for a Special Use Permit Application, Petition SUP-
05-23, by Brandon Patrick, of Patrick Property Management, LLC to allow for open storage
on a ±2.0- acre lot located at the southwest corner of Semora Rd and Skylark Dr. Tax Map
and Parcel No. A3 158, which required a quasi-judicial zoning decision whereby witnesses
are to be sworn in, are subject to cross-examination, no ex parte communication, and
requires findings of fact.
County Attorney T.C. Morphis, Jr. administered the Oath of Sworn Testimony to
the following individuals who offered testimony during the public hearing:
Chris Bowley and Brandon Patrick.
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for Special Use Permit SUP-05-23, a request by the Applicant,
Brandon Patrick of Patrick Property Management, LLC, to allow for open storage on a ±2.0-
acre lot located at the southwest corner of the Semora Rd. and Skylark Dr. intersection (Tax
Map No. A3 158 & Parcel Identification No. 9959-00-96-8791.000), per section 155 of the
Planning Ordinance.
Speaking in favor of the Special Use Permit Application, Petition SUP-05-
23, by Brandon Patrick of Patrick Property Management, LLC. To allow for open storage
on a ±2.0-acre lot located at the southwest corner of the Semora Rd. and Skylark Dr.
intersection (Tax Map No. A3 158 & Parcel Identification No. 9959-00-96-8791.000), per
section, 155 of the Planning Ordinance were the following:
Brandon Patrick of Patrick Property Management, LLC, the applicant, and owner
and operator of NC Marine, located at the southwest corner of the Semora Rd. and Skylark
Dr. intersection stated that he accepts the conditions as proposed. He stated that he is in
agreement with the ice machine being moved to the adjacent lot as he and Mr. Bowley
discussed.
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Chairman Powell asked for clarification of use, and asked, would this be considered
a salvage yard. Mr. Bowley advised that this would not be a salvage yard, and the open
storage would be well maintained, and that the applicant would need to adhere to the
conditions of approval.
Commissioner Palmer questioned the use of the storage and wanted clarification on
what would be stored. Mr. Patrick stated that he is requesting approval for open storage at
this location to be used for boat and RV storage.
There were no individuals speaking in opposition to the public hearing for Special
Use Permit SUP-05-23, a request by the Applicant, Brandon Patrick of Patrick Property
Management, LLC, to allow for open storage on a ±2.0-acre lot located at the southwest
corner of the Semora Rd. and Skylark Dr. intersection (Tax Map No. A3 158 & Parcel
Identification No. 9959-00-96-8791.000), per section 155 of the Planning Ordinance.
A motion was made by Commissioner Sims and carried 5-0 to close the duly
advertised public hearing for Special Use Permit SUP-05-23, a request by the Applicant,
Brandon Patrick of Patrick Property Management, LLC, to allow for open storage on a ±2.0-
acre lot located at the southwest corner of the Semora Rd. and Skylark Dr. intersection (Tax
Map No. A3 158 & Parcel Identification No. 9959-00-96-8791.000), per section 155 of the
Planning Ordinance.
CONSIDERATION TO GRANT OR DENY REQUEST SPECIAL USE PERMIT
APPLICATION, PETITION SUP-05-23 – A REQUEST BY THE APPLICANT AND
PROPERTY OWNER, BRANDON PATRICK, OF PATRICK PROPERTY
MANAGEMENT, LLC, FOR SPECIAL USE PERMIT (SUP) APPROVAL TO
ALLOW FOR OPEN STORAGE ON A ±2.0-ACRE LOT LOCATED AT THE
SOUTHWEST CORNER OF THE SEMORA RD. AND SKYLARK DR,
INTERSECTION (TAX MAP NO. A3 158 & PARCEL IDENTIFICATION NO. 9959-
00-96-8791.000), PER SECTION 155 OF THE PLANNING ORDINANCE:
A motion was made by Commissioner Palmer and carried 5-0 to approve Special
Use Permit SUP-05-23, a request by the Applicant, Brandon Patrick of Patrick Property
Management, LLC, to allow for open storage on a ±2.0-acre lot located at the southwest
corner of the Semora Rd. and Skylark Dr. intersection (Tax Map No. A3 158 & Parcel
Identification No. 9959-00-96-8791.000), per section 155 of the Planning Ordinance with
the following conditions:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved. – as
provided on the Site Plan, there are no materials or operations being proposed that
will materially endanger public health or safety upon development.
2. That the use meets all required conditions and specifications. – The proposed use
meets all of the requirements of the County and shall meet the proposed
Conditions of Approval for this SUP application, prior to Zoning Permit issuance.
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3. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity. – The proposed open storage use is
typically a low-intensity passive use. However, as a passive use, frequent property
maintenance is needed for daily upkeep and to ensure that the Subject Property
does not negatively impact area property values. The proposed Conditions of
Approval shall be provided in the Written Order for property management.
4. That the location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Plan. The proposed
open storage use will be within an existing commercial zoning district of B-2. The
proposed use is ancillary and supportive of the existing NC Marine business
located directly adjacent to the Subject Property, as well as consistent with the
Comprehensive Plan.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Don Narensky of 1 Summer Place Farm Road, Timberlake stated at the conclusion
of the last Board meeting on January 2, 2024, comments were made by a commissioner
referencing the December 4, 2023 meeting. He stated that false and ludicrous claims were
made about the 350 + people who attended the December 4 rezoning hearing to include, not
being residents of Person County, and being paid to be at the meeting. He stated that the
vast majority of the 36 people who spoke that night identified themselves as resident
Personians, which was documented on the speaker sign-up sheet. He stated that this
commissioner made these false accusations about people in attendance with no evidence to
support this claim. He stated that this commissioner was disrespectful to the public and was
called out in print by the local newspaper. He stated that this is a common tactic employed
by dishonest public officials, the world over, to try to discredit their citizens from
legitimately questioning their actions to deflect and provide cover from corrupt decisions.
He stated that it is unfortunate that this Board has brought such a practice to Person County.
He stated that legally, this is what you call slander per se, according to NC Law. He stated
that this commissioner had no proof, that the commissioner knew that no proof existed, yet
disseminated this lie out to the public at that meeting, and anyone watching on the internet.
He stated this is also called, bearing false witness against your neighbor, which is biblical
law, Deuteronomy 5:20. He stated that he attended and spoke at the December 4 hearing,
his name is Don Narensky and he could provide his driver’s license showing his Person
County address for the past twenty years. He asked the Board to show him proof where he
was paid to speak, and by whom, and how much he was paid. He stated that the Board does
not have it, because the proof does not exist. He stated that he is a 78- year old man with the
utmost integrity, who has fought for, and participated in the democracy of citizens his entire
adult life. He stated that he is here to give the Board their negative nasty slander, it is all
theirs, he does not accept it, nor will it ever intimidate him or any of those fine Person
County citizens who attended that hearing on December 4, citizens who will continue to
fight against the Moriah LNG toxic disaster.
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Andrea Childers of 270 Blackberry Lane, Rougemont stated that it was mentioned
at the last Board meeting that residents who attended the December 4 Commissioner
meeting, were called by a member of the Board not civil. She stated that she believes what
the Board was seeing that night was frustration, not uncivil behavior. She stated that the
frustration grew out of the fact that the Board showed much disrespect to their own
constituents since the announcement in late August of the Moriah Energy Center (MEC).
She stated disrespect, by not including them in the planning of MEC. She stated that instead,
the Board, and the Board of Economic Development had clandestine meetings behind
closed doors with Dominion Energy. She stated that who knows, maybe if they included
residents of this area in on the planning, they might have gotten a better buy in. She stated
that the Board showed disrespect by rarely responding to emails sent by their constituents,
not answering the 260+ questions that were presented to them by residents on November 6
and December 4, and not even pretending to take one minute to consider the points that over
30 residents made. She stated that taking in all the disrespect endured by the Board, she
believed the residents acted civil. She stated that if the Board feels that they were treated
uncivilly, perhaps it was their constituents mirroring their own behavior. She stated that she
would like the Board to reverse the rezoning of the southeast Person County area that they
rezoned on December 4.
Frank Stoltmann of 131 Rose Wood Drive, Roxboro stated that approximately 14
months ago, he stood before the Board asking them to help establish a process to be able to
develop Mayo Lake. He stated that at that time, the Board advised that the County Manager
would look in to it. He stated that he followed up with the County Manager last summer,
and nothing has been done. He stated that he is concerned that the Board and the County
has the ability to do this in a very simple fashion. He stated the NC Utilities Commission
has told Duke Power that they have to do whatever they can to replace the economic impact
with closing plants or minimizing the plants to the community. He stated that Person County
has two such plants, the only ones in NC, and the Board and the County have done nothing
to try to get that economic impact reduced. He stated that the County hired a lobbyist firm
to look out for Person County interest, and the lobbyist firm has done nothing to try to
develop Mayo Lake. He stated that he is here today, unfortunately, to call the Board out on
this. He stated that he is disappointed. He stated that he is the owner of three businesses in
Person County, employs over 24 people on a regular basis, and has over 100 people that
come in on contract work. He stated that in the 14 months that the Board passed on this,
they have let $1.5M in tax revenue go by the wayside. He stated that the Board has spent
more time working on the budget, which is an embarrassment, than they have in developing
anything for this county. He stated that if you want this county to grow, and grow properly,
and be stewards of the county, then do not ignore the fact that Duke Power is going to
minimize the plants. He urged the Board to do something productive for the county. He
stated that is what they were elected for, they are five Republicans, and it is about time they
start doing the right thing. He started that he is sick and tired of having to carry the financial
burden of the taxes in this county because the Board will not grow the county.
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Holly Ann Rogers of 405 Younger Road, Roxboro stated that she is a Person County
citizen, and that she owns property here and beyond her residence of 405 Younger Rd. She
stated that this is the fourth time, since watching how the Board operates, that a certain
commissioner has been asked to resign from the Board by Person County citizens. She stated
that he callously shot an 11- year old dog in the street. Chairman Powell advised the speaker,
that she needs to address the Board not individuals of the Board. She urged the Board to
remove this commissioner. She stated that she is aware of four times, that he has been asked
to resign from the Board, and the Board has ignored and has not discussed this. She stated
that she feels the Board owes Person County citizens an apology for their callousness and
heartlessness towards the citizens. She addressed County Attorney Morphis, and advised
that per the NC Open Meetings Law, that the Board is required to say why they are going
in to the additional closed session. Morphis stated that the additional closed session is for
attorney-client privilege.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of December 4, 2023,
B. Approval of Minutes of December 7, 2023,
C. Budget Amendment #16, and
D. Certificate of Clerk- Approval of Tax-Exempt Loan to Timberlake Fire and
Rescue, Inc. from Roxboro Savings Bank
NEW BUSINESS:
RESOLUTION CREATING A CONSOLIDATED HUMAN SERVICES AGENCY
THAT THE BOARD OF COMMISSIONERS WILL GOVERN AND REALTED
ACTIONS
Presented by County Manager Katherine Cathey. She stated at the Board’s January
2, 2024 meeting, a public hearing was held on Whether the Board of Commissioners Should
Adopt a Resolution to Change the Organization and Governance of Some of the County’s
Human Services Functions. She stated that following the public hearing, the Board directed
her to prepare a Resolution to be approved at today’s meeting, which would incorporate
several actions to include the following:
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x The effective date would be April 15, 2024, which is 90 days from today. She
stated that date is also a scheduled Commissioner Board meeting.
x Abolish the existing DSS Board, creating a consolidated human services agency, to
include the Department of Social Services (DSS) and Veterans Services into a
consolidated human services agency that the Board of Commissioners would
oversee.
x The Board would direct the County Manager to appoint, with the advice and
consent of the County Commissioners, a Consolidated Human Services Director to
be supervised by the County Manager.
x Withdraw all affected employees of the Consolidated Human Services Agency
from the State Human Resources Act (SHRA) and place them under County
personnel policies.
A motion was made by Commissioner Palmer and carried 5-0 to approve a
Resolution creating a Consolidated Human Services Agency that the Board of
Commissioners will govern and related actions effective April 15, 2024.
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ADDITION OF VETERAN’S SERVICES OFFICER POSITION
Presented by County Manager Katherine Cathey. She stated the Board provided
direction at the January 2, 2024 meeting to move the part-time Veterans Service Officer
(VSO) into a newly established full-time position. She stated that this would add
approximately 17.5 hours worked per week, as well as employee benefits for the VSO. She
stated for the remainder of FY24, this would be approximately $11,703 in additional budget
needed to fund this change. She stated that this change would be effective January 26, 2024.
She stated that funding has been identified in the undesignated contingency line item that
could cover this additional expense. She stated that the recommended action is to approve
the addition of one full-time VSO position, and eliminate the part-time position effective
January 26, 2024, using the remaining part-time salary and the undesignated contingency to
fund the full-time position for the remainder of this fiscal year.
Commissioner Sims asked if a location for the VSO has been identified. Cathey
stated that there is a meeting scheduled for today with county and Freedom House staff to
discuss spacing and possible expansion.
A motion was made by Commissioner Palmer and carried 5-0 to approve the
addition of one full-time VSO position, and eliminate the part-time position effective
January 26, 2024, using the remaining part-time salary and the undesignated contingency to
fund the full-time position for the remainder of this fiscal year.
CHAIRMAN’S REPORT:
Chairman Powell stated that he attended the MLK breakfast celebration, and it was
well attended. He stated that he attended the Airport Commission Meeting, and it was a very
productive meeting. He stated that discussions during the meeting included taxiway rehab,
new terminal, and environmental assessments. He commented on Mayo Lake development
and indicated that they are several entities other than Duke Energy involved.
MANAGER’S REPORT:
County Manager Katherine Cathey stated that she attended the Strategic Planning
training offered by the School of Government last week and it was informative. She advised
that she would have a draft of Person County’s Strategic Plan for the Boards review in
February. She advised that the budget retreat is set for the second Board meeting in
February.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims stated that he appreciated everyone for coming to the meeting
and for public comments. He stated that one commissioner’s beliefs or opinions do not
represent the whole board and that each board member is an individual and has individual
opinions. He commented on the Mayo Lake development and indicated he would like the
development pursued to be able to move forward.
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Commissioner Puryear stated that he attended the Library Advisory Board meeting
last week and at the meeting, the board indicated spacing needs for the library. He stated
that the Library Director would be speaking with the Assistant County Manager in reference
to this.
Commissioner Palmer and Commissioner Thomas had no report.
CLOSED SESSION #1
A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed
Session #1 at 9:38 a.m. per General Statute 143-318.11(a)(6) for the purpose to discuss
personnel with the following individuals permitted to attend: County Manager Katherine
Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr. , and
Person County Sheriff Jason Wilborn.
Chairman Powell called the Closed Session #1 to order at 9:39 a.m.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 10:25 a.m.
A motion was made by Commissioner Puryear and carried 4-1 to increase Sheriff
Wilborn’s salary by 5% to $126,597 effective 2/1/2024. Commissioners Sims, Palmer,
Puryear, and Thomas voted in favor of the motion. Chairman Powell voted in opposition
to the motion, stating it is not about the person or the position; it is about being a good
steward of tax-payer money.
CLOSED SESSION #2
A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed
Session #2 at 10:26 a.m. per General Statute 143-318.11(a)(5) to establish, or to instruct
the public body's staff or negotiating agents concerning the position to be taken by or on
behalf of the public body in negotiating (i) the price and other material terms of a contract
or proposed contract for the acquisition of real property by purchase, option, exchange, or
lease; or (ii) the amount of compensation and other material terms of an employment
contract or proposed employment contract with the following individuals permitted to
attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County
Attorney T.C. Morphis, Jr., Finance Director Amy Wehrenberg, and General Services
Director Ray Foushee.
Chairman Powell called the Closed Session # 2 to order at 10:27 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:14 a.m.
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CLOSED SESSION #3
A motion was made by Commissioner Puryear and carried 5-0 to enter into
Closed Session #3 at 11:14 a.m. per General Statute 143-318.11(a)(6) for the purpose to
discuss personnel with the following individuals permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Michele Solomon, and County Attorney T.C.
Morphis, Jr.
Chairman Powell called the Closed Session # 3 to order at 11:15 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:23 a.m.
CLOSED SESSION #4
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session
#4 at 11:24 a.m. per General Statute 143-318.11(a)(3) for the purpose to consult with
attorney employed or retained by the public body in order to preserve the attorney-client
privilege between the attorney and the public body, which privilege is hereby
acknowledged with the following individuals permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Michele Solomon, and County Attorney T.C.
Morphis, Jr.
Chairman Powell called the Closed Session # 4 to order at 11:24 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:35 a.m.
ADJOURNMENT:
A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting
at 11:35 a.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman