02-07-2022 Meeting Minutes BOC
February 7, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 7, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
C. Derrick Sims Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear S. Ellis Hankins, County Attorney
Charlie Palmer
Patricia Gentry
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, February 7, 2022 at 7:00pm in the Person County Office
Building Auditorium.
Chairman Powell called the meeting to order. Chairman Powell introduced Rev.
Clevie Brandon from Compassionate Ministries and President of the Person County
Ministerial Association to offer an invocation. Vice Chairman Sims led the group in the
Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Sims and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
PETITION SUP-05-21 - A REQUEST BY THE APPLICANT, PARALLEL
INFRASTRUCTURE, LLC (KELLY YOUNG) ON BEHALF OF THE PROPERTY
OWNER, ESTATE OF LONNIE LUXTON AND CAROL LUXTON, TO
CONSTRUCT A NEW 305’ TALL SELF-SUPPORTED WIRELESS
COMMUNICATIONS TOWER ON 69 ACRES LOCATED AT 700 PIXLEY
PRITCHARD RD. (TAX MAP AND PARCEL NUMBER A84-14) IN THE RC
(RURAL CONSERVATION) AND B2 (NEIGHBORHOOD SHOPPING) ZONING
DISTRICTS:
A motion was made by Vice Chairman Sims and carried 5-0 to open the duly
advertised public hearing for Petition SUP-05-21, a request by the applicant, Parallel
Infrastructure, LLC (Kelly Young) on behalf of the property owner, Estate of Lonnie
Luxton and Carol Luxton, to construct a new 305’ tall self-supported wireless
communications tower on 69 acres located at 700 Pixley Pritchard Rd. (Tax Map and Parcel
number A84-14) in the RC (Rural Conservation) and B2 (Neighborhood Shopping) Zoning
Districts.
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The public hearing set to hear a request by the applicant, Parallel Infrastructure,
LLC (Kelly Young) on behalf of the property owner, Estate of Lonnie Luxton and Carol
Luxton, to construct a new 305’ tall self-supported wireless communications tower on 69
acres located at 700 Pixley Pritchard Rd. (Tax Map and Parcel number A84-14) in the RC
(Rural Conservation) and B2 (Neighborhood Shopping) Zoning Districts required a quasi-
judicial zoning decision whereby witnesses are to be sworn in and subject to cross
examination, no ex parte communication and requires findings of fact.
County Attorney, Ellis Hankins said this public hearing was quasi-judicial and
statutes say an evidentiary hearing, whereby witnesses will be sworn. He noted the
difference of the more typical situation where the Board considers a rezoning request,
which is a legislative decision. With respect to this cell tower special use permit
application, he stated the Board already made a legislative decision long ago when the
ordinance provisions were adopted and the Board determined in that ordinance that in this
zoning district, cell towers are perhaps permitted subject to a special use permit but if, and
only if, in this evidentiary hearing and based on competent evidence, including sworn
testimony, the Board finds that each of the four criteria listed in the ordinance and printed
on the agenda are satisfied by the evidence. Mr. Hankins stated that is why the Board has
to ignore communications outside of this hearing, i.e., email messages, well-intended
comments from friends and neighbors as the Board may consider only competent evidence
offered during the evidentiary period. Mr. Hankins said the Board may ask questions to
witnesses as they are testifying including county staff to give the Board more relevant
information.
Mr. Hankins asked the Board to disclose for the record, individually, whether they
have received ex parte communications without identifying the person who sent the
communication and they do not have to say what they said, but indicate for the record
whether any communications were received and if each commissioner replied to the
communication or not.
Chairman Powell said he had a phone conversation with a resident that spoke about
the tower being constructed nearby noting he explained the process as explained by the
attorney, that they, as commissioners could not talk about it. Chairman Powell said he
recommended to that person to come to the meeting to express their concerns.
Vice Chairman Sims said he received an email from a citizen regarding this topic
but he did not respond in any way.
Commissioner Palmer stated he received one phone call from someone known to
him from long ago and he told him that he could not discuss the issue because of the quasi-
judicial situation.
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Commissioner Gentry said she received several phone calls and an email noting she
thanked the citizens for their input but she did not discuss the item.
Commissioner Puryear said he received one phone call and that he did not discuss
the issue telling the person that if they had concerns to contact the Planning Director or
come to the public hearing.
Chairman Powell administered the Oath of Sworn Testimony to the following
individuals who would offer testimony during the public hearing:
Ms. Lori Oakley, Ms. Angela Blount, Mr. David Blalock, Ms. Pam Day, Mr. Mark
Loubier, Mr. Joshua Walthall, and Mr. Stephen Howard.
Planning Director, Lori Oakley introduced Angela Blount, Planner I to present
petition SUP-05-21.
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The Staff Report for SUP-05-21 is hereby entered into record.
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Ms. Blount shared the following presentation for SUP-05-21.
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Ms. Blount stated the site plan shows a setback to Pixley Pritchard Road by
184.10’, left side setback to property line by 365.10’, right side setback to property line by
145.1’ and rear setback to property line by 1926.3’. The site plan shows property along
the right property line within the AE designated Flood Plain. The tower itself is located
outside of this area.
This is a close up showing the 100’ x 100’ leased area, 60’ x 60’ fenced area and
the tower base.
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The slide below shows the front, sides and rear setback from property lines.
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Ms. Blount stated all state statutes and planning ordinance requirements have been
met for this public hearing.
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Ms. Blount said a representative from Parallel was present.
Commissioner Gentry confirmed with Ms. Blount that the fall zone was to fall into
a certain area to which Ms. Blount stated they are built a certain way with three sides with
break points so that they collapse in.
Commissioner Gentry asked Ms. Blount if the existing tower was operational and
in use to which Ms. Blount stated she had no information on the existing tower except that
it was established in the year 2000.
Vice Chairman Sims noted the property contained 69 acres and this use would not
take up all 69 acres; he asked would there be an opportunity in the future to build something
else there to which Ms. Blount stated absolutely as long as the fall zones are respected
noting it is a 305 ft. tower, so half of that would need to be reserved for the fall zone. Ms.
Blount confirmed outside of that, the property was not limited to one use. Ms. Blount
added that there was a cemetery on the property.
Commissioner Gentry asked Ms. Blount how a small strip of that parcel was zoned
for business use to which Ms. Blount stated it follows 158 noting that B2 is carried almost
to the city limits all the way down 158 in anticipation of neighborhood businesses along
that route. Ms. Blount said it was mainly single-family dwellings along there and
businesses at the crossroads. Ms. Blount added when looking at a zoning map, there is a
swatch of that B2 all the way through 158, from Surl almost to town. Commissioner Gentry
asked how would the property owner rectify if they wanted to have it all rural conservation
to which Ms. Blount stated they could make a rezoning request.
Chairman Powell said there was an existing tower 1,300 ft. way to which she
confirmed. He asked what was the differences in the existing tower with the proposed
tower to which Ms. Blount stated there were no regulations that says there has to be a
certain amount of distance between towers noting it is a Federal Telecommunications Act
without limitation in any capacity related to distance.
Chairman Powell asked Ms. Blount about the equipment of the vendors that locate
on the tower to which Ms. Blount stated she did not know but as she said, there was a
representative from Parallel present.
Ms. Oakley told the Board that 20+ years ago, the towers were 200 ft. and now
towers are 300 ft., noting the one before the Board was 305 ft.; she said the most significant
difference between the two is that the proposed is 55 ft. taller than the one on the adjacent
parcel. Ms. Blount added she did not know that much about towers and if the height makes
a difference, saying if her cell phone works, it works.
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Chairman Powell said that is all any of us know and what we want but wondered if
there was a duplication of equipment on the towers.
Speaking in favor of the request by the applicant, Parallel Infrastructure, LLC
(Kelly Young) on behalf of the property owner, Estate of Lonnie Luxton and Carol Luxton,
to construct a new 305’ tall self-supported wireless communications tower on 69 acres
located at 700 Pixley Pritchard Rd. (Tax Map and Parcel number A84-14) in the RC (Rural
Conservation) and B2 (Neighborhood Shopping) Zoning Districts were the following:
Mr. Mark Loubier of 18047 West Catawba Avenue, Suite 201, Cornelius, NC of
LCS Wireless said he was pinch-hitting for Kelly Young as she was recovering from
surgery. Mr. Loubier stated the tower has an anchor tenant, AT&T, who plans to occupy
this tower. Mr. Loubier introduced Mr. Stephen Howard with AT&T, who was present in
the audience to answer any carrier-specific questions. Mr. Loubier said this tower will
allow, not only AT&T but other carriers who come onto the site to more freely upgrade
their equipment. He noted most people aren’t talking on their phones nowadays, they are
streaming video, texting, on their websites and that requires a lot more capacity. This tower,
owned by Parallel will allow AT&T, Sprint, and whoever goes on the tower to easily
upgrade the site, add cables, increase antennas, upgrade to 5G, First Net, a safety feature
that Mr. Howard can talk about in more detail because Parallel has a deal where you can
freely upgrade; he said there was no amendment every time you want to add a cable or
anytime you want to increase the size of the antennae and allows more capacity to be added
to the site.
Commissioner Gentry asked if this tower would be competing with the existing
tower to which Mr. Loubier stated yes. She asked why and Mr. Loubier asked Mr. Howard
to address the question.
Mr. Stephen Howard of 2002 Pisgah Church Road, Greensboro with AT&T
Mobility stated he was happy to answer any questions.
Commissioner Gentry noted there was an existing tower with AT&T equipment on
it to which Mr. Howard stated that was correct. Commissioner Gentry stated a new, taller
tower would be adjacent to it with AT&T equipment to which Mr. Howard said AT&T
would relocate and would not be redundant. Commissioner Gentry said AT&T would be
moving and upgrading its equipment to the new tower and asked if there was a plan to
dismantle the 200 ft. tower to which Mr. Howard stated he did not know their plans as the
current owner of that tower is SBA but he knew AT&T’s plan was to remove equipment
and locate on the new tower. Commissioner Gentry asked if he had a list of the vendors
that would be on the new tower to which Mr. Howard said he would have to defer to Mr.
Loubier noting AT&T is the anchor tenant.
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Mr. Loubier said the business model for any tower owner is much like an apartment
noting they will market this tower heavily, not only to T-Mobile, Sprint, Verizon but
smaller, wireless internet companies, small startup companies, Dish Network possibly. He
further noted it will be marketed and space will be available for those carriers to come to
the market and upgrade their site and provide coverage.
Commissioner Gentry asked the timeline once something is approved, to be
completed, and in operation to which Mr. Howard stated each jurisdiction is a little
different, but once building permits are obtained, typically construction would start within
two to six weeks, dependent upon weather and other factors as well but from the time
construction has started, completion will be within two weeks. Mr. Loubier added AT&T’s
plans would be to decommission and come on the air first or second quarter of next year.
Commissioner Gentry asked if this would improve AT&T’s service to which Mr. Loubier
said it would improve the service and it is a much better financial arrangement for them.
Commissioner Gentry asked if the improvement of service not only the upgrade of
equipment but the height of it to which he said it is marginally higher so there will be some
coverage improvement, not to overstate it as it is replacement but there will be marginal
increase for coverage but not significant.
Vice Chairman Sims asked Mr. Loubier if there was a contract for how long that
tower will be there, or what is the longevity of the tower to which Mr. Loubier said AT&T’s
agreement with Parallel is subject to check, at least 25 years so it is depending what their
underlying lease is with the Luxton’s to which he did not know how long that was.
Commissioner Palmer asked Mr. Loubier how is this signal transmitted,
underground buried or to another satellite to which Mr. Loubier stated it was a wireless
facility so the antennas will broadcast out the radio signals. Commissioner Palmer asked
if in the area, the signal will be picked up from the tower to which Mr. Loubier stated yes
anyone on this tower, i.e. anyone with an AT&T phone or whomever, i.e. Verizon who
may be a tenant on the other tower.
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Speaking in opposition to the request by the applicant, Parallel Infrastructure, LLC
(Kelly Young) on behalf of the property owner, Estate of Lonnie Luxton and Carol Luxton,
to construct a new 305’ tall self-supported wireless communications tower on 69 acres
located at 700 Pixley Pritchard Rd. (Tax Map and Parcel number A84-14) in the RC (Rural
Conservation) and B2 (Neighborhood Shopping) Zoning Districts were the following:
Mr. David Blalock of 254 Pixley Pritchard Road, Timberlake thanked the Board
for allowing him to speak in opposition of the proposed tower at 700 Pixley Pritchard
noting he was speaking for several people here in the audience, but due to time, they did
not want to speak. Mr. Blalock stated there is an existing tower currently on 400 Pixley
Pritchard that is sufficient for this area. He added nobody has ever said anything about not
getting cell coverage there. Mr. Blalock said the existing tower has AT&T, Verizon, T-
Mobile and additional room for more cell companies to locate. Mr. Blalock said he looked
at this at not being a public necessity since more space remains available on the existing
tower. Mr. Blalock said that one tower near your property is an asset to the land and those
around it, but two towers in proximity will, to him, adversely effect their property values.
Mr. Blalock drew the Board’s attention to Map Site Plan Z2 on the diagram; the current
tower is showing on 400 Pixley Pritchard Road and the proposed tower is approximately
1,500 ft. or 3/10 of a mile from the existing tower. Mr. Blalock stated a concern that the
proposed tower is so close to the existing tower that this will look as their community is an
industrial park and to devalue property having two towers so close to each other. In
summary, according to Section 153-3 in the Person County ordinance, it says, “that the use
will not substantially injure the value of adjoining properties or abutting property or the
use is a public necessity.” Mr. Blalock said he did not see another tower being a public
necessity for this area, when his friends, in different parts of the county, have very weak
coverage and they have no towers close by. Mr. Blalock said he and other homeowners in
the community would like to refuse the additional proposed tower in consideration of the
above-mentioned facts.
Mr. Hankins pointed out to the Board, without interrupting the gentleman speaking,
that the statutes says very clearly that the gentleman offering an opinion about effect on
property values, lay witnesses, i.e. non-experts cannot offer testimony as to the effect on
property values of surrounding properties as it has to be done by an expert witness.
Commissioner Puryear asked Mr. Hankins to repeat his statement. Mr. Hankins said he
would read what the statute says, G.S. 160D-933, “competent evidence does not include
the opinion testimony of lay witnesses as to whether the use of property in a way effects
the value of other property”, in other words, Mr. Hankins stated the statute, competent
evidence as to the effects of property values have to be offered by expert witnesses, through
experts in property valuation. Mr. Hankins said to the extent that the gentleman’s
comments included his lay opinion about the effect on property values, the Board must
disregard them.
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Ms. Pam Day of 520 Pixley Pritchard Road, Timberlake stated she lives with her
husband, Bradley and her property is in between the two towers. She stated she would
speak from her heart noting when they received the letter that they wanted to put a tower
on 700 Pixley Pritchard, their reaction was the same in that they already have a tower on
Pixley Pritchard and questioned why would they need two towers within feet from one
another and it did not make sense. Ms. Pam said they did not understand why another tower
would go up within feet. She said the land that the tower would be built on is adjacent to
their property, which already has an existing tower, as the Board knows. They just didn’t
understand. Ms. Day said they knew it would be money for landowner, income for the
tower people and some county tax money coming in, but does that make it right she asked
the Board. Ms. Day said she hoped before the Board votes yes to please take into
consideration that this is not a need and that there are places in the county that need a tower
but Pixley Pritchard isn’t one of those places. She asked the Board how would they feel if
you own a home that sits right smack dab in the middle of two towers; she said when she
goes out on her deck, she looks to the left, she would see a new tower, and she looks to the
right, she would see the existing tower. She asked the Board how would they feel. Not to
mention, Ms. Day said we all know that the vultures, the buzzards like to roost on these
towers and they see that in the existing tower. Ms. Day said they did not need two towers
that would attract more vultures, buzzards, whatever you call them as they fly back and
forth constantly over their house. Ms. Day asked the Board to think long and hard before
you make your decision, as they did not need another tower in that particular area; she
suggested to find other areas in the county that could use and benefit from a tower.
Ms. Day stated she also had a letter from her next door neighbor and asked if the
Board would like for her to read it noting she had a different prospective. Mr. Hankins
stated it would not be permissible, as they would need to be sworn in to provide testimony.
Mr. Joshua Walthall of 4140 Parklake Avenue, Raleigh, an attorney on behalf of
SBA Communications, the folks that own the existing tower, said to make no mistake, they
are the competition and are biased and would not pretend to be a property owner nearby.
Mr. Walthall asked Mr. Hankins to correct him if he was wrong, that it is the applicant
here, which is Parallel, who has the burden to proving those four items in Section 155
noting it was not his burden nor the burden of Mr. Blalock or Ms. Day to prove to the Board
that the property will be injured, but Parallel’s burden to prove the properties won’t be
injured. He questioned have they proven that having two towers so close together that the
property values will not be injured. Among other things they have to prove to the Board,
Mr. Walthall said that the use will not substantially injure the value of adjoining property
or that it is a public necessity. Mr. Walthall submitted that this tower does not provide any
service that the current tower does not already provide noting AT&T is already a tenant of
the current tower. Mr. Walthall said that AT&T said they will move if there is another
tower and questioned will they move is there is no tower to move to. Mr. Walthall said, it
is likely, as Mr. Blalock suggested, other areas of this county could use it more than one
less than one-half mile from a tower currently in existence.
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Mr. Walthall said they also have to show you that this tower will be in harmony
with the area to which he said if the intention is to create a tower farm, then maybe it is in
harmony with the area because any argument to support this second tower he submitted
would support a third or fourth or tenth tower as long as you build it bigger and expansive,
it provides better services, just keep adding towers; Mr. Walthall said he did not know but
he did not think that is what everyone wanted to do. He submitted two is very different
than one as anyone that has gone from one kid to two kids can probably attest as he and his
wife can attest did this five years ago. He said they can’t get to church on time anymore
because they have two kids to take care of, so two is very different than one. Mr. Walthall
submitted it was not a necessity and no proof that it is in harmony with the existing area,
there has been no proof that it is not going to injure properties, and, again that is their
burden, they have to prove that. Mr. Walthall asked the Board to deny this special use
permit. He said he could answer any questions as he knew there were comments about the
current tower. He added he was not an engineer but happy to try to answer any questions
on behalf of his client.
Commissioner Puryear asked Mr. Walthall if he knew the current tax value of the
existing tower to which Mr. Walthall stated he did not know. Commissioner Puryear asked
if all services were taken away from the existing tower, what would be the value of a tower
without services. Mr. Walthall said if a tower that was providing no services would have
some nominal value for the potential to provide services but he could not imagine it would
have a lot of value if it’s not providing any services at all. Mr. Walthall said the existing
tower services AT&T, T-Mobile, Verizon and has room for others.
A motion was made by Commissioner Gentry and carried 5-0 to close the public
hearing for the request by the applicant, Parallel Infrastructure, LLC (Kelly Young) on
behalf of the property owner, Estate of Lonnie Luxton and Carol Luxton, to construct a
new 305’ tall self-supported wireless communications tower on 69 acres located at 700
Pixley Pritchard Rd. (Tax Map and Parcel number A84-14) in the RC (Rural Conservation)
and B2 (Neighborhood Shopping) Zoning Districts.
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CONSIDERATION TO GRANT OR DENY PETITION SUP-05-21 - A REQUEST
BY THE APPLICANT, PARALLEL INFRASTRUCTURE, LLC (KELLY YOUNG)
ON BEHALF OF THE PROPERTY OWNER, ESTATE OF LONNIE LUXTON
AND CAROL LUXTON, TO CONSTRUCT A NEW 305’ TALL SELF-
SUPPORTED WIRELESS COMMUNICATIONS TOWER ON 69 ACRES
LOCATED AT 700 PIXLEY PRITCHARD RD. (TAX MAP AND PARCEL
NUMBER A84-14) IN THE RC (RURAL CONSERVATION) AND B2
(NEIGHBORHOOD SHOPPING) ZONING DISTRICTS:
A motion was made by Commissioner Puryear to deny Petition SUP-05-21, a
request by the applicant, Parallel Infrastructure, LLC (Kelly Young) on behalf of the
property owner, Estate of Lonnie Luxton and Carol Luxton, to construct a new 305’ tall
self-supported wireless communications tower on 69 acres located at 700 Pixley Pritchard
Rd. (Tax Map and Parcel number A84-14) in the RC (Rural Conservation) and B2
(Neighborhood Shopping) Zoning Districts stating it was not in harmony with the area.
Commissioner Gentry concurred with Commissioner Puryear and stated it was not
a public necessity; a duplicity of an existing structure owned by SBA, who does not have
a plan to decommission along with other areas in the county that would welcome a new
tower. Vice Chairman Sims stated agreement with both Commissioners Puryear and
Gentry. Commissioner Palmer stated there were no significant increase of services by
adding this tower and he concurred with the previous commissioners’ statements.
Chairman Powell stated he would go along with the commissioners noting the close
proximity to another tower.
County Attorney, Ellis Hankins suggested an amendment for Commissioner
Puryear’s motion noting the applicant does bear the burden of offering competent evidence
to support the issuance of a special use permit and evidence was not offered that the use
will not substantially injure the value of adjoining or abutting property.
An amended motion was made by Commissioner Puryear and carried 5-0 to deny
Petition SUP-05-21, a request by the applicant, Parallel Infrastructure, LLC (Kelly Young)
on behalf of the property owner, Estate of Lonnie Luxton and Carol Luxton, to construct a
new 305’ tall self-supported wireless communications tower on 69 acres located at 700
Pixley Pritchard Rd. (Tax Map and Parcel number A84-14) in the RC (Rural Conservation)
and B2 (Neighborhood Shopping) Zoning Districts due to Findings of Facts #3 and #4 were
not satisfied. Commissioner Puryear stated the Findings of Fact in Section 155-3 (b) that
were not satisfied are as follows:
3. That the use will not substantially injure the value of adjoining or abutting property, or
that the use is a public necessity, and
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.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Paul Lynch of 395 Union Grove Church Road, Hurdle Mills commended and
thanked the Board for its diligence and efforts to revise the County’s Solar Energy System
Ordinance to make it more fair and consistent and to have restrictions on solar projects in
Person County; he encouraged approval.
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 January 18, 2022,
B. Budget Amendment #12,
C. Health Department proposed new fee associated with COVID-19 vaccinations
for the administration of the Pfizer pediatric third dose,
D. Consultancy Agreement for Professional Services with Economic Leadership,
LLC,
E. Tax Collector’s Report of Unpaid 2021 Taxes,
F. Tax Office requests Order to Set Advertisement of Unpaid Real Estate Taxes
to March 3, 2022,
G. Tax Adjustments for February 2022, and
a. Tax Releases
b. NC Vehicle Tax System pending refunds
H. Fee Schedule Amendment for Transportation to reinstate ROAP mileage rate.
UNFINISHED BUSINESS:
CONSIDERATION TO GRANT OR DENY REQUEST TO REVISE THE PERSON
COUNTY SOLAR ENERGY SYSTEM ORDINANCE (PETITION TA-03-21) AND
A PROPOSED ZONING PERMIT FEE AND AN ANNUAL INSPECTION FEE:
The proposed text amendment (Petition TA-03-21) requires legislative review by
the Board. The Board of Commissioners held its public hearing at its January 18, 2022
meeting and took action to take consideration of this item at its February 7, 2022.
Planning Director, Lori Oakley stated the Board of Commissioners at its January
18, 2022 meeting had consensus for the following changes:
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Table 2.1 was amended to prohibit level 2 and level 3 solar energy systems in the
RC (Rural Conservation) zoning district.
Table 2.2 was amended to require a 200’ setback for all level 2 and level 3 solar
energy systems from the property lines and/or right-of-way lines. This setback will
include area for a 150’ buffer and 50’ of open area for emergency access.
Section 2.3(b) was amended to state that the maximum size of a level 3 solar energy
system shall not exceed 100 acres as measured around the exterior perimeter of the
panels outside of the buffer area. No level 3 solar energy system shall be located
within 1 linear mile of an existing level 3 solar energy system.
Section 2.4(b) was amended to require a 150’ vegetative buffer.
Section 2.6(d) was amended to require an engineer to review the decommissioning
bond amount every 3 years.
As the Board requested some fee schedule modification for solar energy systems,
Ms. Oakley stated staff recommended adding the following fees:
Zoning permit fee for level 2 and 3 solar energy systems: $1,000 per megawatt with
a minimum fee of $2,500 (this is the same as Nash County, NC)
Annual solar energy system inspection fee (for level 2 and 3 systems): $300 (this
is the same as Stanly County, NC)
Ms. Oakley asked the Board to vote to approve, approve with modifications or deny
the requested text amendment and the fee schedule as proposed. The Board must also
include a Statement of Reasonableness and Consistency with the motion as listed below:
Statement of Reasonableness and Consistency:
The text amendment request is consistent with the Person County and City of Roxboro
Joint Comprehensive Land Use Plan and future planning goals and objectives of Person
County. It is reasonable and in the public interest as it will provide clear regulations in the
Person County Solar Energy System Ordinance.
The proposed text amendment meets the Comprehensive Land Use Plan Guiding Principle
2, which states to facilitate sustainable economic growth.
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Commissioner Gentry asked Ms. Oakley in which zoning areas are level 2 and 3
solar energy systems permitted to which Ms. Oakley stated under the proposed ordinance,
level 2 and 3 solar energy systems was removed from RC noting level 1 (rooftop, backyard)
is still permitted in RC. Ms. Oakley said General Industrial allows level 1 by right and
level 2 and 3 would require either a special use permit or conditional district rezoning;
Neighborhood Shopping B2 allows level 1 by right, with a conditional district rezoning or
special use permit for a level 2 and prohibits the larger level 3. She added the Highway
Commercial or more intense district allows level 1 by right, with level 2 and 3 requiring a
special use permit or a conditional district rezoning. Ms. Oakley stated R was not
addressed; however the Board may want to consider the R (most restrictive district) to
match the RC; currently R allows level 1 by right and currently level 2 would require either
a special use permit or conditional district rezoning and level 3 is prohibited.
County Attorney, Ellis Hankins made a procedural suggestion that one of the
commissioners offer a motion to adopt the substitute or revised ordinance for discussion.
A motion was made by Commissioner Gentry and carried 5-0 to adopt the
substitute ordinance for discussion.
A motion was made by Commissioner Gentry and carried 5-0 to amend the Solar
Energy System Ordinance to protect the R district as done for the RC district.
Commissioner Gentry stated there was a question about how limiting the solar
facilities in Person County might hurt from a standpoint of people coming to do business
here; she noted the Appeals Court will not force NC regulators to permit new solar plants
and therefore stopped solar companies from building big sites on the grid because it will
cost $250M and would prompt Duke Energy to pass along those costs through higher rates
which will do little to add solar to Duke’s portfolio. She added the Commission determined
the costs were unreasonably high to develop solar companies to build solar farms on
existing grids. The expected output concluded too burdensome to be a public convenience.
Commissioner Gentry opined that it would not hurt Person County per se because even the
Appeals Court is saying this is too expensive of a project for any community in this point
in time because the costs will be passed to the consumer and it will be outrageous. She
commended the Board for taking this stand.
A motion was made by Commissioner Palmer and carried 5-0 to adopt the
substitute Solar Energy System Ordinance, as amended, noting the text amendment request
is consistent with the Person County and City of Roxboro Joint Comprehensive Land Use
Plan and future planning goals and objectives of Person County. It is reasonable and in the
public interest as it will provide clear regulations in the Person County Solar Energy
System Ordinance as well as the proposed text amendment meets the Comprehensive Land
Use Plan Guiding Principle 2, which states to facilitate sustainable economic growth.
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A motion was made by Commissioner Puryear and carried 5-0 to adopt the fee
schedule, as presented by staff, and as noted below:
Zoning permit fee for level 2 and 3 solar energy systems: $1,000 per megawatt with
a minimum fee of $2,500
Annual solar energy system inspection fee (for level 2 and 3 systems): $300
Ms. Oakley asked Mr. Hankins if he would like to address the moratorium still in effect
that was due to expire on February 16, 2022 for level 3 solar energy systems (greater than
10 acres) to which Mr. Hankins recommended that the time was close enough to expire
and he felt there was no need for the Board to vote to repeal that Ordinance of Moratorium
and to allow the moratorium to duly expire.
NEW BUSINESS:
BROADBAND INFRASTRUCTURE INVENTORY STUDY FINDINGS AND
RECOMMENDATIONS:
Assistant County Manager, Katherine Cathey stated at its March 1, 2021 Budget
Retreat, the Board established improving broadband infrastructure and connectivity as a
top priority for Person County. The Board expressed an interest in conducting a study to
assess the current status of broadband services, opportunities to improve, and strategies to
extend broadband throughout the county.
Ms. Cathey said on March 15, 2021, the Board approved a proposal by ECC
Technologies, Inc. to: (a) refresh and update the 2015 telecommunications infrastructure
inventory study, including an Outside Plant (OSP) study, (b) map the current status of
available broadband service within the county, (c) review the county’s fiber project – its
suitability and positioning to support new broadband initiatives by others, (d) review
RiverStreet and State of North Carolina survey information and (e) consult with the county
to review options and next steps including service provider options.
Ms. Cathey introduced Mr. Jeff Brooks, Senior Director, consulting with ECC
Technologies, to present the study findings and recommendations to the Board.
Mr. Brooks shared the following presentation with the Board:
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Mr. Brooks stated he was here to help Person County. He noted he had contact
information with current providers for active engagement prior to applying for grant
funding.
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Commissioner Gentry asked about the coronavirus state and local fiscal recovery
funds to which Ms. Cathey said staff refers to this funds as the ARP funding that Person
County will receive in the amount of $7.5M. Ms. Cathey stated when the Board conducts
its Retreat, staff will discuss the potential uses with the Board. Ms. Cathey stated the ARP
funding could be used towards matching funds for broadband grants. Commissioner
Gentry stated the Treasury Department recently announced a final ruling to which Ms.
Cathey noted those rules gave Person County much more flexibility with the ARP funds
however there are underlying limitations related to state grants. Ms. Cathey said staff are
continuing to research. Commissioner Gentry noted the final ruling eliminated a key
requirement that eligible broadband projects are to unserved or underserved households
and businesses that lack a minimum service and permits recipients to invest in projects
regardless of whether or not there is additional federal and state commitments. Ms. Cathey
stated the county will have more flexibility due to a different change in the regulations that
allow the full allocation for general government services, a much broader category that will
still have many stipulations to abide. Ms. Cathey said Person County now has the report
to illustrate the need based on the data.
APPOINTMENT TO THE JUVENILE CRIME PREVENTION COUNCIL AND
THE PLANNING BOARD:
Clerk to the Board, Brenda Reaves presented interested citizen applications
received in response to advertising current vacancies on the County’s website. Ms. Reaves
asked the Board to nominate and appoint as deemed appropriate.
Juvenile Crime Prevention Council
2-Year Reappointment
1 position for the Chief District Court Judge or designee:
District Court Judge John Hoyte Stultz, III requested reappointment
A motion was made by Commissioner Puryear and carried 5-0 to reappoint
District Court Judge John Hoyte Stultz, III to the Juvenile Crime Prevention Council for a
2-year term.
Planning Board
1 position available for an unexpired term to June 30, 2024
Toderick Kirk requested appointment
There was no motion offered to nominate and appoint Mr. Toderick Kirk by the Board.
Nursing Home Advisory Committee
1-Year Initial Term: 3-Year Reappointment; 4 positions available
Laura Dickerson (application at the Board’s seat) has requested appointment
A motion was made by Commissioner Gentry and carried 5-0 to appoint Laura
Dickerson to the Nursing Hone Advisory Committee for an one-year initial year term.
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CHAIRMAN’S REPORT:
Chairman Powell had no report.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims reported on the recent Roxboro Area Chamber Banquet who
awarded ReMax as the Small Business of the Year as well as Lynda Clayton as the
Chamber Champion.
There was no report from Commissioners Gentry, Puryear and Palmer.
CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #1 at 8:53pm 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 the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease with the following individuals permitted to attend: County Attorney, Ellis Hankins,
County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Assistant County
Manager, Katherine Cathey, Planning Director, Lori Oakley, and John Hill, Director of
Arts, Parks and Recreation.
Chairman Powell called the Closed Session #1 to order at 8:56pm.
A motion was made by Commissioner Gentry and carried 5-0 to return to open
session at 9:19pm.
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CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #2 at 9:21pm per General Statute 143-318.11(a)(4) for the purpose of discussion
of matters relating to the location or expansion of industries or other businesses in the area
served by the public body, including agreement on a tentative list of economic development
incentives that may be offered by the public body in negotiations with the following
individuals permitted to attend: Economic Development Director, Sherry Wilborn, County
Attorney, Ellis Hankins, County Manager, Heidi York and Clerk to the Board, Brenda
Reaves.
Chairman Powell called the Closed Session #2 to order at 9:22pm.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 9:37pm.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 9:37pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman