08-16-2021 Meeting Minutes BOC
August 16, 2021
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PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 16, 2021
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
C. Derrick Sims 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, August 16, 2021 at 9:00am in the commissioners’ boardroom
215 in the Person County Office Building.
Chairman Powell called the meeting to order. Commissioner Gentry was absent
for the call to order in the commissioners’ boardroom 215.
A motion was made by Commissioner Sims and carried 4-0 to relocate the meeting
to the County Office Building Auditorium. Chairman Powell announced a brief recess at
9:01am to allow transition of the meeting to the Auditorium.
Chairman Powell reconvened the meeting at 9:05am. All members of the Board
were present as the meeting was reconvened.
Chairman Powell offered an invocation and Vice Chairman Puryear led the group
in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Puryear and carried 5-0 to approve the
agenda.
August 16, 2021
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PUBLIC HEARING:
Public Hearing July 12, 2021 continued to August 2, 2021 and continued again to
August 16, 2021
PETITION SUP-02-21 - A REQUEST BY THE APPLICANT, BEREA SOLAR,
LLC, ON BEHALF OF THE PROPERTY OWNERS, ELIZABETH CHRISTIAN
AND CATHERINE PHELPS, JOHN AND LINDA MANGUM, MALCOLM
MANGUM, JR. AND MARY SUSAN WILLIAMS, MATTHEW MOORE, JEFFRY
HENDRIKS AND EM & RM LLC, (ELVIN MANGUM) ON TAX MAP AND
PARCEL NUMBERS A110-7, A110-2, A110-31, A110-29, A110-6, A111-5 AND 0961-
06-5906 (GRANVILLE COUNTY PIN), TOTALING 920 ACRES LOCATED ON
BEREA, BETHANY CHURCH AND ISHAM CHAMBERS ROADS, FOR A
SPECIAL USE PERMIT TO ESTABLISH A LEVEL 3 (10 ACRES OR GREATER)
SOLAR ENERGY SYSTEM:
County Attorney, Ellis Hankins provided brief comments solely about the
procedures for the rest of hearing and the consideration noting it is pretty clear and the
applicant’s attorney and he were in agreement and clear in the transcript from the first part
of the public hearing on this matter that the Board voted to reopen this public hearing for a
limited purpose and that being to facilitate site visits by individual commissioners, if they
wished, to the proposed site of the solar system. Mr. Hankins said he would be asking later
about that and one other thing from the commissioners for the record. Mr. Hankins said
there would not be additional testimony noting everyone had an opportunity to offer
testimony under oath directly in the public hearing previously. Mr. Hankins said the
question has been asked, why are all these good folks, the experts, supporting the
application here and, to answer that, he added when the commissioners see fit to close the
public hearing, each commissioner is always, if the Chairman recognizes them, have the
right to make comments and to ask questions that are relevant to the matter including to
the applicant’s attorney or their experts. Mr. Hankins stated that was the only reason that
he could understand the good folks are present. Mr. Hankins told Chairman Powell he was
happy to answer any questions about the procedures as he just eluded and, at the appropriate
time he would like the Chairman to recognize him again, to ask those two questions for the
record and he assumed it would be appropriate for a motion to close the public hearing.
Chairman Powell said at this point was there anything to add and Mr. Hankins
responded just those two questions to which he would do that after the public hearing was
closed. Chairman Powell said as stated on the agenda the Board was in public hearing, and
maybe at this point to close the public hearing. He asked for a motion to close the public
hearing.
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A motion was made by Commissioner Gentry and carried 5-0 to close the public
hearing for a request by the applicant, Berea Solar, LLC, on behalf of the property owners,
Elizabeth Christian and Catherine Phelps, John and Linda Mangum, Malcolm Mangum, Jr.
and Mary Susan Williams, Matthew Moore, Jeffry Hendriks and EM & RM LLC, (Elvin
Mangum) on Tax Map and Parcel numbers A110-7, A110-2, A110-31, A110-29, A110-6,
A111-5 and 0961-06-5906 (Granville County PIN), totaling 920 acres located on Berea,
Bethany Church and Isham Chambers Roads, for a special use permit to establish a Level
3 (10 acres or greater) Solar Energy System.
CONSIDERATION TO GRANT OR DENY REQUEST BY THE APPLICANT,
BEREA SOLAR, LLC, ON BEHALF OF THE PROPERTY OWNERS,
ELIZABETH CHRISTIAN AND CATHERINE PHELPS, JOHN AND LINDA
MANGUM, MALCOLM MANGUM, JR. AND MARY SUSAN WILLIAMS,
MATTHEW MOORE, JEFFRY HENDRIKS AND EM & RM LLC, (ELVIN
MANGUM) ON TAX MAP AND PARCEL NUMBERS A110-7, A110-2, A110-31,
A110-29, A110-6, A111-5 AND 0961-06-5906 (GRANVILLE COUNTY PIN),
TOTALING 920 ACRES LOCATED ON BEREA, BETHANY CHURCH AND
ISHAM CHAMBERS ROADS, FOR A SPECIAL USE PERMIT TO ESTABLISH
A LEVEL 3 (10 ACRES OR GREATER) SOLAR ENERGY SYSTEM:
County Attorney, Ellis Hankins stated he had two questions to ask each
commissioner for the record.
Question #1 from the County Attorney, Ellis Hankins:
Each of the commissioners were offered the opportunity to visit the site; some of
the commissioners requested and he had knowledge of some of the commissioners had
done this. Mr. Hankins asked each commissioner to answer this question noting if any
commissioner answers yes, there will be a follow-up.
Mr. Hankins started with Commissioner Sims and asked him if he visited the site
to which Commissioner Sims responded no. Commissioner Gentry stated yes she visited
the site. Mr. Hankins asked Commissioner Gentry to state for the record who else was
present to which she responded Attorney Terrell and she could not remember the other
gentleman’s name. Mr. Tom Terrell, attorney for the applicant spoke up and said it was
Rex Young to which Commissioner Gentry agreed noting they both were there and
escorted her/drove her around the proposed site. Mr. Hankins asked Commissioner Gentry
if she had a conversation with them while they were there to which Commissioner Gentry
said yes. Mr. Hankins asked Commissioner Gentry to note what was generally said to
which Commissioner Gentry responded there were comments on the topography of the
site. Mr. Hankins asked Commissioner Palmer if he made a site visit to which he responded
he had not been onsite. Commissioner Palmer stated he only rode around the perimeter
noting he works across Person County as a plumber and he was in the area couple/three
days after the meeting when they first came. As he was in the area, Commissioner Palmer
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said he made a circular pattern around the proposed site and did not go onto the land.
Commissioner Palmer said he did not reach out to anybody. He said he knew the area very
well because he was raised in Person County. Mr. Hankins said a drive by visit, window
view to which Commissioner Palmer said yes. Mr. Hankins asked Commissioner Palmer
if anyone was with him or if he engaged in conversation with anyone to which
Commissioner Palmer replied no. Mr. Hankins asked Vice Chairman Puryear the same
question if he had made a site visit to which Vice Chairman Puryear responded no. Mr.
Hankins asked Chairman Powell if he had made a site visit to which he responded no.
Question #2 from the County Attorney, Ellis Hankins:
Starting with Commissioner Sims, Mr. Hankins asked each commissioner to state
for the record whether each have engaged in any ex parte communications or discussions
about this matter outside this hearing. Commissioner Sims responded no he had not.
Commissioner Gentry responded no sir, she had not. Mr. Hankins asked Commissioner
Palmer if he had been engaged in any ex parte communication to be disclosed to which
Commissioner Palmer responded he could honestly say that he talked solar farms with
many citizens but as far as the solar farm site, he did not recall because due to his
understanding, the proposed site has met all the guidelines and there was nothing the Board
could do to chop the block on their wheels. Mr. Hankins asked Vice Chairman Puryear if
he had any ex parte communications to which Vice Chairman Puryear responded no. Mr.
Hankins asked Chairman Powell if had any ex parte communications to which Chairman
Powell said no.
Mr. Hankins thanked the commissioners noting the reason for that was this was not
the typical legislative up/down decision by this Board noting it was a quasi-judicial matter
and the law requires the Board of Commissioners to decide this matter based on what the
statues says, which is competent material and evidence as it relates to each of the four
findings and only on that basis.
Chairman Powell said at this time he would take comments from commissioners
regarding this issue. Chairman Powell said his feelings on solar farms had been reinforced
by the Board’s recent proceedings noting his concerns were land use and preservation of
Person County, traditional farming community and agriculture use; he asked the County
Manager, Heidi York how solar farms would be taxed in Person County. Ms. York stated
she would get the Board an answer. Chairman Powell also noted concerns with erosion
and decommissioning; Chairman Powell said his greatest concern was decommissioning
noting the Board made some changes with policy and procedure in the last year. Chairman
Powell said in all likelihood, solar farms owners will change names and owners over the
lifespan and would like to see a succession plan for the sites determining site responsibility,
county responsibility as well as a bond guarantee for decommissioning and disposal of the
solar panels. He reiterated he did not want the taxpayers to shoulder any responsibility.
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Vice Chairman Puryear stated his agreement with Chairman Powell’s comments
that they were also his concerns.
Commissioner Palmer said he would like to see accountability when the solar sites
are decommissioned as well as wildlife protections noting his only concern as previously
expressed was for the bald eagle. Commissioner Palmer noted discussions with a game
warden related to injured bald eagles and that the injured eagles were taken to centers for
rehabilitation and reintroduction into the wild once healed. He added that citizens have
told him they see bald eagles fly in the area daily. Commissioner Palmer said he knew
there was fencing for four-legged animals but his greatest concern was the bald eagles,
simply because this is going to be a huge magnifying glass that will drive them away.
Commissioner Palmer stated it should be a high priority to keep the eagles in Person
County. Mr. Hankins asked Commissioner Palmer a clarifying question to reiterate if any
of those discussions as noted had any considerations in making his decision for this special
use permit to which Commissioner Palmer responded this is all Charlie’s concerns and that
nobody else had influenced him. He repeated this was his concern as a citizen of Person
County noting he told Mr. Hankins earlier that morning that they had met all the criteria.
Commissioner Gentry stated she had similar concerns as Chairman Powell. She
said she had several questions. Commissioner Gentry asked Mr. Tom Terrell if the
decommissioning plan in the booklet was the boilerplate that was given to all property
owners. Mr. Tom Terrell, attorney for the applicant said he was not involved in the
negotiations related to the decommissioning plan and deferred the question to the County’s
Planning Director, Lori Oakley if that was something that her department approved. Mr.
Terrell said this was a requirement that the county-imposed and that Berea Solar met.
Planning Director, Lori Oakley said the county’s old solar ordinance was updated
to add decommissioning as requested at that time by Chairman Powell, which remains in
the current solar ordinance. Ms. Oakley confirmed there is a decommissioning plan that
requires ten items and she confirmed the applicant had submitted. In addition, Ms. Oakley
said prior to getting the certificate of compliance, a bond must be provided in the amount
of 1.25 times the decommissioning costs to the county which is kept on file. Ms. Oakley
stated some of these bonds are renewed annually but others are submitted for the life of the
project based on the engineer seal.
Commissioner Gentry asked if the surety bonds were transferrable for the
responsibility when the solar farm ownership changes hands. Mr. Terrell explained that the
law and all conditions built into the permit go with the property to each successive
landowner. Mr. Terrell said if there was a total failure to do that, it would go to the county
to enforce including revocation of the certificate of occupancy or any such zoning permit.
Commissioner Gentry asked Mr. Terrell what happens in the case of a company
that goes bankrupt or do not pay the premium; Mr. Terrell said if the premium was unpaid,
that would be up to the county to enforce. Mr. Terrell stated the surety and the bonds are
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designed to succeed a bankruptcy as that was the very essence of a bond or any type of
surety, that, for whatever reason, the company does not or cannot perform, the bond is
thereby enforced by the surety.
Commissioner Gentry asked Mr. Terrell what studies would be next for the site to
which he responded the project has been approved by the state Utilities Commission but
would require the same state agency approvals that any developer would need including
stream buffers and wetland delineations. Mr. Terrell said as part of the Utilities
Commission process, the site has already gone through comments from state agencies
showing there are no archaeological or historic sites as well as the Division of Wildlife has
already said there are no endangered wildlife affected on the site.
Commissioner Gentry asked if there would be any proposed use of battery storage
on the site anytime during its life. Mr. Terrell said at this point there was no plan for battery
storage. Commissioner Gentry asked if that could change to which Mr. Thomas Cleveland,
consultant with Duke Energy said that proposed battery storage would require a restudy
from the Utilities Commission; he noted that battery storage was not submitted in the
application.
Commissioner Gentry asked if there was an island heat effect to which Mr. Chris
Sandifer, an engineer for the applicant, said the panels are very efficient; he added there
would not be a heat sink like water, i.e., a relatively small lake or pond, nor a regenerator
of heat like asphalt or concrete. Mr. Sandifer said his studies have found that the panels
would generate heat similar to a pine tree forest, i.e., a non-deciduous tree that stays green
and very similar to what is there now so not to affect the local temperature at all.
Commissioner Gentry stated her main concern was private property rights and she
takes that very seriously. She noted her understanding that the owners have the absolute
right to do what they want with their property but at the same time with a solar contract,
property owners give up an enormous amount of control over their property to the solar
company and an enormous amount of rights for the time. Commissioner Gentry said the
solar panels have less toxic metals to which Mr. Terrell stated the solar panels have no
toxic components. Commissioner Gentry added the panels would be less valuable for
recycling which would end up in a landfill and equated it to a solar wasteland similar to
coal ash. Commissioner Gentry said there was nowhere to go with it and noted her concerns
about the long-term effects, further noting no one knows the long-terms effects.
Commissioner Gentry said Person County is 392 square miles noting this proposed
solar farm along with the ones already in place would equal 2% of its land mass in solar.
Commissioner Sims stated as the Board was making a decision on the property
owners’ use of land, he did not want to see landowners regret any decision that they make
20-25 years later when locked into a contract noting it would not affect his ability to make
a decision.
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County Manager, Heidi York said she would like to answer the question related to
how solar farms are taxed in Person County; Ms. York stated the land that houses the solar
parts is valued as building sites rather than farmland once the improvements have been
made. She added that any buffer land around the solar farm is valued as wooded land. Ms.
York said there were two different classifications. Most solar contracts have the solar
equipment owner paying the taxes with sometimes a one-time rollback for 3-years of taxes
if the land was in a tax-deferred program. Ms. York stated if the entire parcel was removed
from the agriculture forestry, the rollback would count for that as well. The equipment is
reported by the taxpayer at 100% of installed costs with federal guidelines that require
commercial solar equipment to receive an 80% reduction before the depreciation can be
applied. The NC Dept. of Revenue describes the depreciation schedule for the remaining
20% of the value. The residual value after that would be 25% after the first 14 years.
Mr. Hankins stated this information was good general accurate information about
the provisions of state law in respect to property tax involving solar farms. Mr. Hankins
cautioned the Board that this was not directly relevant to this case.
Tax Assessor, Russell Jones said the County Manager’s summary was very clear
and precise noting 100% of the reported costs by the installer with 80% off of that starting
at 20% value and the tax office depreciates using NC Dept. of Revenue schedules. Mr.
Jones said the land value directly underneath the panel would be called residential building
sites, as they are no longer growing crops, but growing commercial solar thereby with a
higher value. If the land was presently in a farm-use plan program, a three-year rollback
which would be instant money for the county, however, not all, but most of the tracts
discussed today are in deferred tax programs. Mr. Jones said a determination for a solar
farm to remain in the farm-use program (currently have two that are in a deferred tax
program) for deferred tax if owned by a farmer and in farm production, i.e., raising sheep.
In this case, the ownership is a corporation for the production of solar energy, thereby
would not be eligible for the deferred tax program.
Commissioner Gentry noted the decision before the Board was difficult as she did
not want to offend the property owners but also wanted to take into consideration the rest
of the county that the Board represents.
A motion was made by Commissioner Gentry and carried 5-0 to deny the request
by the applicant, Berea Solar, LLC, on behalf of the property owners, Elizabeth Christian
and Catherine Phelps, John and Linda Mangum, Malcolm Mangum, Jr. and Mary Susan
Williams, Matthew Moore, Jeffry Hendriks and EM & RM LLC, (Elvin Mangum) on Tax
Map and Parcel Numbers A110-7, A110-2, A110-31, A110-29, A110-6, A111-5 and 0961-
06-5906 (Granville County Pin), totally 920 acres located on Berea, Bethany Church and
Isham Chambers Roads, for a Special Use Permit to establish a Level 3 (10 acres or greater)
Solar Energy System.
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Ms. Oakley asked the Board to cite the finding of fact that was not met should the
Board vote to deny the Special Use Permit.
Commissioner Gentry cited the request did not meet Finding of Fact #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. She added that the
Comprehensive Plan states this is a low-density residential (single site-built and
manufactured homes); agriculture, forestry, churches; and very limited
commercial; she said this solar farm use is an industrial use.
PUBLIC HEARING:
CONSIDERATION TO ADOPT AN ORDINANCE TO PLACE A MORATORIUM
ON DEVELOPMENT APPROVAL FOR NEW SOLAR ENERGY SYSTEMS:
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for consideration to adopt an Ordinance to Place a Moratorium
on Development Approval for New Solar Energy Systems.
At the Board’s August 2, 2021 meeting, County Attorney Ellis Hankins reviewed
the process that must be followed to enact a moratorium on solar energy system
development activity. One requirement was for the Board to conduct a public hearing to
which the Board directed staff to advertise the public hearing for this date to consider
whether to adopt an ordinance to place a moratorium on development approval for new
solar energy systems, including solar farms, for a period of six (6) months. The purpose of
the moratorium would be to provide time for the Board to consider amendments to current
provisions in the Person County Solar Energy System Ordinance.
County Attorney, Ellis Hankins presented a Solar Energy Systems Development
Approval Moratorium Ordinance for consideration by the Board to pause development
applications for solar systems. Mr. Hankins stated he drafted the Ordinance to Place a
Moratorium on Development Approval for new Solar Energy Systems to comply with
provisions with the state statutes authoring the Board to impose a temporary, time-limited
moratorium on consideration of development approval on solar systems. He said the
ordinance was detailed because the state statute mandates statements and findings as well
as public notice to be advertised two times in two successive weeks as required, which was
done.
Mr. Hankins said a statement was made in the draft ordinance of the development
approvals subject to the moratorium and how a moratorium on those approvals will address
the problems or conditions leading to imposition of the moratorium. He read the following
statement in the proposed ordinance:
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Development approvals for Level 3 Solar Energy Systems, as defined in the
current Solar Energy System Ordinance (ten acres or greater), are subject to
the moratorium. This pause will allow adequate time for staff and the Planning
Board to propose amendments to the Solar Energy System Ordinance and the
Planning and Zoning Ordinance, provide an opportunity for citizens to offer
comments, and enable the Board of Commissioners to deliberate carefully.
Mr. Hankins stated the Board may make changes to the Solar Energy Systems
Ordinance whether the Board adopts the proposed moratorium ordinance or not. In general
and in most cases, any changes to the Solar Energy System Ordinance that the Board makes
do not apply to any application for consideration that have been received, i.e., the Berea
Special Use Permit which the Board just took action to deny or to the conditional district
zoning application that is scheduled to be on the Board’s September 7, 2021 meeting
agenda.
Chairman Powell requested those individuals providing public comments to limit
their comments to 3-minutes each.
Speaking in favor of adopting an Ordinance to Place a Moratorium on Development
Approval for New Solar Energy Systems were the following:
Mr. John Seepe of 277 Barefoot Landing Lane, Semora stated his support of placing
a moratorium on development approval for new solar energy systems to allow the Board
of Commissioners time to review its rules related to setting fees, designated appropriate
locations within Person County, manage the requirements, and among other things the
decommissioning of solar farms.
Mr. Paul Lynch of 395 Union Grove Church Road, Hurdle Mills encouraged the
Board to adopt a moratorium on development approval for new solar energy systems to
enable the Board to review the concept of turning farmland, woodland and pastureland into
an aluminum and glass covered wasteland. Mr. Lynch said a solar farm needs a fence to
constraint; he suggested that the Board allow solar farms in already disturbed areas, i.e.
industrial buildings and rooftops and that to destroy farmland makes no sense.
Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills spoke in favor
of the Board adopting a moratorium on development approval for new solar energy system
to allow the Board of Commissioners to revisit the issues provided at the Board’s
September 20, 2020 meeting that were not addressed. Ms. Lynch read the following in the
proposed moratorium ordinance: The Person County Solar Energy System Ordinance,
adopted in 2020, includes significant buffer and setback requirements that can only be
satisfied by large projects. Those requirements were intended to mitigate potential
detrimental impacts, but might have the effect of increasing the acreage of some proposed
projects. Ms. Lynch noted the problem was not that the buffers are too large but the number
and the size of the panels are too large for the site. She added the recent solar farm
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applications are coming in 80 to 90 times the Level 3 criteria of 10 acres or more and was
reasonable that there are additional questions for sites of those sizes. Ms. Lynch urged the
Board to seek the assistance of experts with technical experience in solar panels and battery
storage systems to ensure the resulting ordinance language included the proper safeguards
for this type of equipment.
There were no individuals appearing before the Board to speak in opposition to
adopting an Ordinance to Place a Moratorium on Development Approval for New Solar
Energy Systems.
Chairman Powell asked the County Planning Director, Lori Oakley to provide any
comments relevant to the Board regarding the moratorium.
Planning Director, Lori Oakley noted the Berea Solar case that was decided earlier
this date was the County’s first Level 3 that went through this process. She noted staff
have had several Level 1 rooftop solar and/or residential solar. Ms. Oakley said her
question from staff level would be if the Board chooses to enact a moratorium, she
requested the Board to be very specific to staff as to what the Board would like changed,
i.e., fee changes. Ms. Oakley noted the County went through a moratorium process last
year and input was received from the Farm Bureau, the Economic Development
Commission, the Airport Commission, and the Planning Board before it came before the
Board of Commissioners. The Board of Commissioners tabled for more changes but then
adopted the current ordinance.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for consideration to adopt an Ordinance to Place a Moratorium on Development
Approval for New Solar Energy Systems.
CONSIDERATION TO ADOPT AN ORDINANCE TO PLACE A MORATORIUM
ON DEVELOPMENT APPROVAL FOR NEW SOLAR ENERGY SYSTEMS:
A motion was made by Commissioner Gentry and carried 5-0 to adopt an
Ordinance to place a Moratorium on Development Approval for New Solar Energy
Systems.
County Attorney, Ellis Hankins stated the Board of Commissioners would have
many opportunities to provide guidance to staff, the Planning Board as the Board of
Commissioners work to propose changes to the current Solar Energy Systems Ordinance.
Mr. Hankins asked the Board to begin thinking about what information staff can provide
to the Board.
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INFORMAL COMMENTS:
Chairman Powell announced a four-minute time limit for each speaker.
The following individuals appeared before the Board to make informal comments:
Mr. John Seepe of 277 Barefoot Landing Lane, Semora posed questions related to
the status of the proposed shell building and the understanding among the community that
the Board denied a funding request of $500,000 by PCC for land acquisition, design
engineering and architectural plans for a proposed Advanced Technology Center (ATC)
which he did not think was accurate because no formal request was submitted. Mr. Seepe
noted the Feasibility Study had not been provided to the Board of Commissioners in May
2021 when funding was authorized in 2019 to not exceed $25,000 but ended up costing
$62,740.
Mr. Paul Lynch of 395 Union Grove Church Road, Hurdle Mills, signed up to
address the Board, yet he yielded his time to Mr. John Seepe. Mr. Seepe continued his
comments related to the Feasibility Study for the proposed ATC. To date in June 2021, the
study placed the costs of the Center at $25M. Mr. Seepe asked if PCC acquired the
necessary land for the ATC by donation among other questions.
Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills suggested the
Board to research the viability to enlist the opinion of an expert to provide testimony on
behalf of the County during Special Use Permit public hearings noting there are some
governing bodies that put into place regulations that require the applicant to put funds in
escrow to cover the costs of experts hired by the Board thereby saving taxpayer funds.
Ms. Anderson Clayton of 546 Flat River Church Road, Roxboro, and Chair of the
Person County Democratic Party said the bald eagle was taken off the US endangered
species list in 2007 and solar energy has only grown since then. Ms. Clayton noted as
people are concerned about what the future of our county looks like, what is in the best
interests for the people going forward economically and environmentally and solar energy,
whether people like it or not is a part of the future. She also stated support of the Advanced
Technology Center noting companies, such as Polywood wants skilled workforce. Ms.
Clayton noted US Senate candidate, Jeff Jackson came to Roxboro on August 15, 2021 to
hear from the rural community. She invited anyone interested to attend the Democratic
Party meeting at 7:00pm on this date at 100 N. Main Street, Roxboro.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of July 12, 2021,
B. Budget Amendment #3, and
C. Library Annual State Aid Application
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NEW BUSINESS:
OPTION FOR UPDATING COUNTY-PLANNING ORDINANCES:
Planning Director, Lori Oakley stated the Planning Department is tasked with
enforcing several ordinances in the county, including:
• Planning Ordinance – adopted May 20, 1991
• Subdivision Regulations – adopted March 9, 1987
• Flood Damage Prevention Ordinance – adopted Feb. 19, 1990
• Minimum Construction Standards for Private Roads – adopted March 9, 1987
• Mobile Home Park Ordinance – adopted Feb. 17, 1986
• Ordinance Regulating Automobile Graveyards and Junkyards – initially adopted
Sept. 21, 1987 and re-adopted on April 6, 2015
Ms. Oakley stated since its original adoptions dates as noted above, these
ordinances have been amended throughout the last 30 years. Ms. Oakley said the Planning
Ordinance and other stand-alone ordinances may need to be replaced by a new, up-to-date
ordinance(s) that are consistent with all NC General Statues. Ms. Oakley noted there is
unclear language as well as the zoning districts that need to be reexamined along with the
Table of Uses.
Ms. Oakley reminded the Board that staff is currently working with the City of
Roxboro on an update for a joint City/County Comprehensive Land Use Plan. Ms. Oakley
anticipated the consultant completing the first draft within the next few weeks and the Plan
would then go before the Planning Board and with their recommendation to the Board of
Commissioners following in October or November for approval. Ms. Oakley said of the
recommendations listed in the Comprehensive Plan will include updating county
ordinances.
Ms. Oakley said staff recommended hiring a consultant to create a new Unified
Development Ordinance (UDO) for the county to include some or all of the planning
ordinances referenced above. A UDO is just that – a concise, unified document containing
all of the county’s planning-related ordinances in one easy-to-navigate ordinance. The
average timeframe for creating a new UDO is typically about 12-14 months (once a
consultant was selected) until the ordinance is adopted. Ms. Oakley clarified that further
amendments may be considered and adopted even during the UDO process. County
Manager, Heidi York said the Board of Commissioners considered a consolidated
City/County UDO concept several years ago, and at that time, the Board was not interested
in pursuing.
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Ms. Oakley stated the budget for a UDO was projected to cost between $75,000
and $100,000. This project is not currently funded in the FY2022 operating budget and the
Board may decide to allocate funding to start the UDO process once the Comprehensive
Plan was adopted in the fall, or the Board may consider funding this project in FY2023.
Ms. Oakley asked the Board to consider discussing options for updating certain ordinance
provisions before moving forward with creating a UDO. Ms. York recommended to launch
the UDO process, if desired by the Board, following the approval of the Joint
Comprehensive Land Use Plan. Ms. York suggested staff could solicit proposals from
consultants to have that part of the process completed without any cost to the County.
A motion was made by Commissioner Gentry and carried 5-0 to solicit proposals
from consultants for the UDO process.
RESOLUTION FOR ECONOMIC DEVELOPMENT INCENTIVES POLICY:
Economic Development Director, Sherry Wilborn presented a Resolution to outline
the County’s Economic Development Incentives Policy, which states the baseline criteria
that must be met in order for the county to offer businesses economic development
incentives.
Ms. Wilborn stated with an increase in project activity, people wanting to start their
own businesses and many headlines about federal grant funds coming down to local
governments, there has been a significant uptick in the number of requests we are seeing
for business support services in the form of cash grants. Given that local government
authority to make such awards is governed by the NC Constitution and NC General
Statutes, the Economic Development Director, with the support of the County Attorney,
drafted the attached Resolution for Economic Development Incentives Policy for the sake
of assisting the Department, the Economic Development Commission (EDC), and the
Commissioners with consistent and efficient responses to such requests. The proposed
Resolution for Economic Development Incentives Policy was presented to and reviewed
by the EDC at their regular scheduled July 2021 meeting, at which time they voted
unanimously to recommend its adoption by the Board of Commissioners. Ms. Wilborn
stated the policy as presented simply formalizes current staff processes when considering
a project’s eligibility to be incentivized. She added such a formal policy would not result
in any prospects to pass over Person County as the policy outlines what state law allows.
Ms. Wilborn requested Board consideration to adopt a Resolution for Economic
Development Incentives Policy that provides for a company to have a presence in or locate
into the county, produce new, taxable capital investment and/or create new full time jobs
with benefits above the county’s average wage.
A motion was made by Commissioner Sims and carried 5-0 to adopt a Resolution
for Economic Development Incentives Policy, as presented.
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ADDITION OF A PUBLIC INFORMATION OFFICER POSITION:
Assistant County Manager, Katherine Cathey presented to the Board options
available to add a Public Information Officer position to the county’s workforce. Ms.
Cathey said the County Manager is the designated Public Information Officer for Person
County. The Assistant County Manager manages the County’s two social media accounts
(Facebook and Twitter). More than half of County departments manage departmental
social media accounts. Prior to the cyber incident in May 2020, County departments were
able to update their own webpages. Currently, only two IT staff have the ability to update
the County website and are working on restoring access at the departmental level. County
Manager, Heidi York noted the IT Department has recently begun work with a consultant
to complete a comprehensive website update, which is in the current fiscal year budget.
Ms. Cathey said the addition of a Public Information Officer position would
enhance the County’s efforts to ensure consistent and unified messaging, keeping the
public and County employees informed of County news and information through a variety
of platforms, including press releases, social media, email, website, print, radio, and in-
person events. Ms. Cathey outlined the general task that a full-time Public Information
Officer could accomplish:
Serves as a professional communications resource for the County; managing
community, County and media relations. Responsible for all planning and
implementation of efforts to tell the Person County story.
Acts as a consultant and strategic advisor to County administration, departments, and
Board of Commissioners on all matters related to communications and community
engagement.
Represents the County to the community at large through the development and
maintenance of relationships with key community groups, external agencies, and/or
other interested parties.
Manages all official County communication tools (including print and digital
publications, County website and social media accounts), County brand and logo use,
and serves as the Person County spokesperson, when necessary, while developing and
enhancing relationships with news media and other community partners.
Develops, edits and produces County news and information for website, social media,
and newsletter content. Ensures accuracy and timeliness of online information.
Plans, develops and directs programs and activities to ensure dissemination of
information designed to keep County departments and the community informed of
County programs, services, activities, features, accomplishments or positions; conducts
biennial community survey and other surveys to determine public opinion of County
government and/or programs.
Produces communications materials about County services by gathering information,
writing, editing and preparing layout for distribution to internal and external audiences.
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Assists with editorial writing, speech writing, press releases, marketing efforts, special
events and special projects.
Manages and advises communication during emergency and crisis events.
Answers inquiries from media representatives and/or the general public by providing
information based on detailed knowledge of County programs and activities and as
required by state open records laws; may refer inquiries to the proper County officials.
Directs media inquiries to the appropriate County contacts. Acts proactively regarding
media relations; provides background information and additional materials as
requested by reporters.
Coordinates media conferences, as requested. Plans and participates in meetings with
County officials, general public, community groups, religious organizations and
schools to share information and discuss County activities. Informs and educates
citizens on the functions and processes of County government. Enhances and advertises
the e-mail notification service for citizens interested in County events, meetings and
services.
Works in coordination with County Manager, County Attorney, and IT Director to
fulfill public records requests.
Coordinates regular citizen education programs designed to educate and engage
citizens in County government.
Performs short- and long-term planning aimed at increasing marketing and community
relations outreach on a local and regional level; develops communication and
marketing plans as well as short- and long-term goals.
Supports and advises departments with planning for community engagement
programming.
Develops and recommends new communications and marketing methods and
enhancements to better achieve County goals and marketing County services to
residents, community groups, economic development entities, and other external
organizations.
Ms. Cathey provided a range of options for the Board to consider noting a part-time
position, a contractor, or an intern could begin to develop a communications strategy for
the County and assume some of the responsibilities outlined above. The estimated annual
cost for adding this function range from $10,000 to $80,000, depending upon the preferred
option. Ms. Cathey said the funding source would likely be the County Fund Balance.
Position Type Estimated Annual Cost
Full-time (40 hours/week) $80,000
Part-time (30 hours/week, 0.75 FTE) $60,000
Part-time (20 hours/week, 0.50 FTE) $30,000
Contractor (10 hours/week) $20,000
Intern (10 hours/week) $10,000
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Vice Chairman Puryear asked why this request was not evaluated during the budget
process when new positions are normally considered. Ms. York stated this position was
not requested by staff and staff were following up to a request made by Commissioner
Gentry for a Public Information Officer.
Ms. York stated this position could be supervised by the IT Director should this
position be a part of a more comprehensive communications strategy for the website
upgrade and social media or this position could report to the County Manager’s Office for
an overall county development of communication strategies to get information out to the
public. The website upgrade was contracted for a total refresh with the ongoing
maintenance for the website updates to be done by staff within each department.
Commissioner Gentry asked what was the timeframe for the website upgrade to which Ms.
York stated she just received a proposal with a kick-off meeting this month and would have
to read the proposal for a completion date noting it would take months. Commissioner
Gentry stated she would like a presentation to the Board for samples of what the new
website would look like when it was ready. Commissioner Gentry noted that employees
from departments told her that website updates took a lot of time from their daily duties
noting the website is woefully behind other county’s with information and not easy to
navigate.
Commissioner Gentry noted her preference to start small and contract out the
position to see how it works out before considering hiring a full-time employee. Vice
Chairman Puryear agree with Commissioner Gentry to start out with a part-time contract
to evaluate the costs.
A motion was made by Commissioner Gentry and carried 5-0 to direct staff to
obtain an estimate for a part-time contractor in this this budget season for a Public
Information Officer.
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APPOINTMENTS TO BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves presented to the Board interested citizen
applications for consideration for appointment for the following current vacancies. Ms.
Reaves asked the Board to nominate and appoint as deemed appropriate.
Board of Adjustment
3-Year Term:
1 position available as well as 1 Alternate position for an unexpired term to June 30, 2023
1) Jermaine Wallace requested appointment
2) Katherine Fulkerson requested appointment
A motion was made by Commissioner Sims and carried 5-0 to appoint Katherine
Fulkerson to the Board of Adjustment for a 3-year term as well as to appoint Jermaine
Wallace to fulfill an unexpired term to June 30, 2023 as the Alternate on the Board of
Adjustment.
Person Area Transportation System Board
3-Year Term;
Positions available for a citizen to represent in each of the following occupational
affiliations:
Senior Center: Ms. Reaves said no applications were received prior to the release
of the Board packet, however an application for reappointment for
Maynell Harper, Senior Center Director was received as she
requested to continue to serve as the Senior Center representative,
School System: Walter Montgomery requested appointment
A motion was made by Vice Chairman Puryear and carried 5-0 to appoint Walter
Montgomery as the school system representative and to reappoint Maynell Harper as the
Senior Center representative on the Person Area Transportation System Board, both for a
3-year term.
Recreation Advisory Board
3-Year Term: 1 position available
1) Jermaine Wallace requested appointment
A motion was made by Vice Chairman Puryear and carried 5-0 to appoint
Jermaine Wallace to the Recreation Advisory Board for a 3-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:
Commissioner Palmer stated appreciation of everyone doing their due diligence and
investigations so Person County will be a better place to locate.
There were no commissioner report/comments from Vice Chairman Puryear nor
Commissioners Gentry & Sims.
CLOSED SESSION #1
A motion was made by Commissioner Gentry and carried 5-0 to enter into Closed
Session at 11:01am, per General Statute 143-318.11(a)(6) to consider the qualifications,
competence, performance, character, fitness, conditions of appointment, or conditions of
initial employment of an individual public officer or employee or prospective public officer
or employee for the purpose to discuss personnel with the following individuals permitted
to attend: County Manager, Heidi York and Clerk to the Board, Brenda Reaves.
Chairman Powell called a brief recess prior to the Closed Session #1.
Chairman Powell called the Closed Session #1 to order at 11:07am.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 12:15pm.
A motion was made by Vice Chairman Puryear and carried 5-0 to increase the
County Manager’s salary by 3% merit based on her an annual performance evaluation.
A motion was made by Vice Chairman Puryear and carried 5-0 to relocate the
Board’s September 2021 regular-scheduled meetings to be held in the Person County
Office Building Auditorium.
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ADJOURNMENT:
A motion was made by Vice Chairman Puryear and carried 5-0 to adjourn the
meeting at 12:17pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman