10-04-2021 Meeting Minutes BOC
October 4, 2021
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 4, 2021
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
C. Derrick Sims TC Morphis, Jr., County Attorney
Charlie Palmer
Patricia Gentry
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, October 4, 2021 at 7:00pm in the commissioners’ boardroom
in the Person County Office Building.
Chairman Powell called the meeting to order and announced that Commissioner
Gentry would be participating in the meeting remotely.
Chairman Powell offered an invocation and Vice Chairman Puryear led the group
in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell requested Board consideration to add the following items to the
agenda:
- Berea Solar, LLC Written Decision Denying Special Use Permit
- Consideration to relocate the Board’s regular-scheduled Oct. 18, Nov. 1, Nov.
15 and Dec. 6 meetings to be held in the County Auditorium.
A motion was made by Vice Chairman Puryear and carried 5-0 to add the Berea
Solar, LLC Written Decision Denying Special Use Permit as well as Consideration to
relocate the Board’s Oct. 18, Nov. 1, Nov. 15 and Dec. 6 meetings to be held in the
Auditorium to the agenda and to approve the agenda as adjusted.
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PUBLIC HEARING:
CONSIDERATION TO ADD WHISPERING WOLF WAY, A PRIVATE
ROADWAY, TO THE DATABASE OF ROADWAY NAMES USED FOR E-911
DISPATCHING:
A motion was made by Vice Chairman Puryear and carried 5-0 to open the duly
advertised public hearing for a request to add Whispering Wolf Way, a private roadway,
to the database of roadway names used for E-911 dispatching.
GIS Manager, Sallie Vaughn stated there are two private residences (2622 and 2630
High Plains Rd) currently located on a private driveway off High Plains Rd and an
additional private residence is being added to this driveway. In accordance with Article IV,
Section 402 H of the “Ordinance Regulating Addressing and Road Naming in Person
County,” the driveway must be named. The addition of this road will require occupants of
the existing residences to change their addresses to reflect the new roadway name.
North Carolina General Statute 153A-239.1(A) requires a public hearing be held
on the matter and public notice be provided at least ten days prior in the newspaper. The
required public notice was published in the September 23, 2021 edition of the Roxboro
Courier-Times. A sign advertising the public hearing was placed at the proposed roadway
location on the same date.
Ms. Vaughn said all three properties adjacent to the proposed road have the same
ownership. Those parties provided the suggested name, Whispering Wolf Way, which is
compliant with all naming regulations in the Ordinance. Ms. Vaughn requested Board
consideration to approve adding Whispering Wolf Way, a private roadway, to the database
of roadway names used for E-911 dispatching.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request to add Whispering Wolf Way, a private roadway, to the database
of roadway names used for E-911 dispatching.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for a request to add Whispering Wolf Way, a private roadway, to the database of
roadway names used for E-911 dispatching.
CONSIDERATION TO GRANT OR DENY REQUEST TO ADD WHISPERING
WOLF WAY TO THE DATABASE OF ROADWAY NAMES USED FOR E-911
DISPATCHING:
A motion was made by Vice Chairman Puryear and carried 5-0 to approve adding
Whispering Wolf Way, a private roadway, to the database of roadway names used for E-
911 dispatching.
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PUBLIC HEARING:
PETITION SUP-04-21, A REQUEST BY THE APPLICANT, VERTICAL BRIDGE
DEVELOPMENT, LLC (DOUG BARKER) ON BEHALF OF THE PROPERTY
OWNER, RANDY W. JONES, TO CONSTRUCT A NEW 300’ TALL SELF-
SUPPORTED WIRELESS COMMUNICATIONS TOWER ON 25.59 ACRES
LOCATED AT 2025 GUESS RD (TAX MAP AND PARCEL NUMBER A43-176) IN
THE R (RESIDENTIAL) ZONING DISTRICT:
A motion was made by Vice Chairman Puryear and carried 5-0 to open the duly
advertised public hearing for Petition SUP-04-21, a request by the applicant, Vertical
Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy W.
Jones, to construct a new 300’ tall self-supported wireless communications tower on 25.59
acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R
(Residential) Zoning District.
The public hearing set to hear a Special Use Permit request by the applicant,
Vertical Bridge Development, LLC (Doug Barker) on behalf of the property owner, Randy
W. Jones, to construct a new 300’ tall self-supported wireless communications tower on
25.59 acres located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R
(Residential) Zoning District 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. 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. Doug Barker and Mr. Mark Lambra
Planning Director, Lori Oakley introduced Angela Blount, Planner I to present
petition SUP-04-21. Ms. Blount stated all state statutes and planning ordinance
requirements have been met for this public hearing. The Staff Report for SUP-04-21 is
hereby entered into record.
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Ms. Blount shared the following presentation for SUP-04-21.
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Speaking in favor of Petition SUP-04-21, a request by the applicant, Vertical Bridge
Development, LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to
construct a new 300’ tall self-supported wireless communications tower on 25.59 acres
located at 2025 Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential)
Zoning District were the following:
Mr. Doug Barker of 304 Springwater Trail, Woodstock, GA 30128 stated he was
there representing Vertical Bridge Development and the property owner on the application
before the Board for the communications tower facility located at 2025 Guess Road,
Timberlake. He said wireless communications have become the main mode of
transportation for most poles. He stated this facility will give the citizens, travelers and the
visitors of the county access to that communication not only for personal communications
use but access to emergency services; as our primary mode of communication, it’s become
more and more important to have access to emergency services. Vertical Bridge
Development is a tower owning company; they actively market their towers to wireless
service providers whether internet provider, cell phone provider and anything along those
lines to get more tenants on their tower; it’s how they make money. Mr. Barker said you
would not have a tower sitting out there owned by a carrier that did not want another carrier
on it; these folks are actively marketing the tower as he noted again, it is the way they make
money. He said Verizon Wireless is the tenant of this tower that is being constructed noting
Verizon has signed up and is looking for this tower to go on there first quarter of next year.
Mr. Barker said the tower emits no fumes, no noise, no odors and it backs up to a high-
tension transmission line on the backside of the property noting that was their closest
setback at 229 ft.to the property line. He said the facility meets or exceeds all the
requirements in the Person County Ordinance as well as all state and federal requirements
in order to build these towers inclusive of environmental, fish and wildlife, historical
preservation and pretty much cover all the game. Mr. Barker said that was really it noting
the coverage map referencing the gaping hole. He said the nearest tower in the area,
Verizon is located on noting there was no ability to provide coverage to this area using
existing structures. Mr. Barker stated he would answer any questions the Board may have.
Commissioner Sims asked Mr. Barker about the difference in towers that look like
the fake pine tree or if it is the same as he is proposing. Mr. Barker responded that it really
comes down to the amount of people (population count) noting those towers are designed
shorter and used in dense, urban areas to fill in gaps of service. Mr. Barker added that it
would take two of those shorter towers to cover this area due to the reduction in height
required for those and one of those shorter towers would cost more than the proposed tower.
Commissioner Palmer asked Mr. Barker what was the actual coverage area of the
tower to which Mr. Barker responded it would be roughly three to five miles in all
directions. He noted it would also depend on existing coverage surrounding it as they would
dial it back to hand off properly to the adjacent towers.
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Chairman Powell asked Mr. Barker if there would be any other equipment on the
tower except Verizon to which Mr. Barker stated not at this time noting they would try to
get AT&T out there as well as wireless internet providers out there but none of these will
go on the tower without going through Person County for approval.
Vice Chairman Puryear confirmed the fall zone was a 100 ft. radius noting the
restrictions for which that could be around the tower, to which Mr. Barker confirmed that
was correct with no guide wires, nothing outside the 100 ft. area.
Commissioner Gentry stated she had a question however, the group had difficulty
understanding her full question as she noted she had unstable connectivity. She said she
would text the question to the County Manager, Heidi York.
Commissioner Palmer said they had been on Verizon (later corrected to
CenturyLink) to improve their source of internet connection for the county asked Mr.
Barker if this was one or more to follow. Mr. Barker stated he was aware of one other tower
that is planned in Person County that is a Verizon tower, however until Verizon gives him
the go, it will not come before the Board as he was not in the business of speculative tower
building. Mr. Barker added that Verizon was actively building out noting he has gotten
four towers approved in Caswell County that are going under construction now. Mr.
Barker said that Verizon is focusing heavily on areas that have been historically under
covered, trying to get coverage out here. Mr. Barker said he did not get access to the build
plans but just based on what he has seen in Caswell County he felt it was the first of a few
to get the coverage where it needs to be in Person County. Commissioner Palmer said that
was good news. Commissioner Palmer said as he came into the governing body last
December and ever since then he has been told CenturyLink was dragging their feet for
years for the availability for Wi-Fi across this county noting he had been contacted by
numerous citizens, public board members and general conversations as to why
CenturyLink was not allowing or giving us more when they have the capability to do more.
Mr. Barker stated he wished he could answer that question but he did not have access to
CenturyLink plans either noting people have the misconception that when they pick up
their cell phone that it talks from one tower to the next when it simply doesn’t. Mr. Barker
said when you talk to tower, every bit of data that going through the tower is going down
the tower and into a landline. Mr. Barker said for every tower that gets approved there will
be increased fiber connectivity and speeds all along the roadways going to and from the
tower. He said he couldn’t tell the Board what CenturyLink is going to do but he could
say there will be some increased fiber activity along that roadway.
County Manager, Heidi York said she had Commissioner Gentry’s question which
was how far from the tower at the end of Guess Road and 57 at corner of Handy Andy’s to
which Mr. Barker said he did not know Handy Andy’s but he did not believe there was a
tower within two miles of the structure. Mr. Barker said he had the information but it would
take him a minute to pull it up.
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Chairman Powell asked if there any other questions for Mr. Barker; hearing none,
he asked the Clerk to the Board if there were any other speakers.
Clerk to the Board, Brenda Reaves said Mr. Mark Lambra signed up and he stated
he was neither in favor or in opposition to the request.
Mr. Mark Lambra of 1860 Guess Road, Timberlake said he was the house on the
map, the very first and closest house and closer than the owner’s house. He said his
questions were along the lines that that he has cell service there now and he didn’t know
why we need more cell service. And he doesn’t mind the owner doing what he wants to do
with his property as long as it doesn’t affect him. He said it was a me, me, me situation. He
said he personally did not want to look at the tower and that is where it will affect him.
Mr. Lambra said he wondered as it was such a big piece of land if it could it farther on
down where no one else would see, and to just change the location or if there was a reason
why it couldn’t be changed. Outside of that, Mr. Lambra said he did hear the comment
that it doesn’t interfere with anything, am/fm, Wi-Fi and TV, and asked if it does interfere
with him as he is in close proximity, how do I get in contact with who is responsible for
fixing that was his question or concern. Mr. Lambra said if it does remain as an eyesore
and if the county is getting more money, wondering if that lowers his property taxes was a
question he had for the Board. So if you get a gain on one side does he get a blessing on
his side? Mr. Lambra said he liked the idea of instead of having a great big, huge tower
and the option of having two small towers that blend and look like trees, would that be
better for the drive and everybody that lives out there to have two small towers that you
don’t even notice that pop up instead of having one humongous one. Mr. Lambra said there
was talk of reports today and he would love to have copies of the reports (directing this
comment to Ms. Blount). Ms. Blount said reports on what to which he said the reports she
said she had that supported with your opening comments today. Ms. Blount stated the staff
report and Mr. Lambra said no, the reports that were mentioned in the very beginning;
someone said they had. Ms. Blount asked if he was talking about the FAA approval and
he said yes and all the different things that they have to; he said he would like to get a copy
of those to put in his file in case it comes back to haunt him. Chairman Powell stated they
could take care of that. In closing, Mr. Lambra said he would like to see a smaller tower
like a tree and then have another tower approved to spread it out noting the population out
there is pretty sparse, if it only covers two to five miles, maybe it would be beneficial to
have smaller towers farther apart to capture more. He said that was all he had to say and
thanked the Board.
Ms. Oakley asked to quickly answer Commissioner Gentry’s question and stated
she measured from the intersection that she asked about to this proposed tower and it is 4.4
miles. Mr. Barker said he was glad she could pull it up as he had some internet connectivity
issues and he could tell there was one tower within five miles. Mr. Barker said he could
not speak on the property taxes obviously. Mr. Barker noted the ability to drop it to two
towers on the same property at a lower height while still providing the same coverage; the
idea is to provide coverage to the area that is out there. Mr. Barker said he had gotten
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approval from Verizon Wireless to lower the height of this tower by 50 ft. to bring it to a
250 ft. tower if that will appease anyone. He said they have run the numbers and proved
that they can provide the same adequate coverage with a 250 ft. tower. As far as property
values, we all drive by towers every day and we just do not notice them. Mr. Barker said
they are everywhere, if you walk out the door and look around, you will probably going to
see one. He said you do not notice them, as they are a part of our everyday life. Mr. Barker
said he was currently in the market for a home and he was looking every day for a home
and every time he and his wife walk into a home, the first thing she does is look at her cell
phone, and if she doesn’t have coverage, it is off the list, so as far as property values go, if
there is no wireless coverage, it is taking them off his list as he has to have connectivity to
function and most of us are in that boat nowadays.
Chairman Powell asked Mr. Barker to go back to the 300 ft. versus 250 ft. to answer
if they are equal. Mr. Barker responded that their ideal coverage is 300 ft. but with 250 ft.
they can still provide coverage and hand off to adjacent towers.
Chairman Powell asked if there any further questions from commissioners. He
asked the Clerk to the Board if there were any more speakers to which she confirmed that
concluded the speakers for public comments.
A motion was made by Vice Chairman Puryear and carried 5-0 to close the public
hearing for Petition SUP-04-21, a request by the applicant, Vertical Bridge Development,
LLC (Doug Barker) on behalf of the property owner, Randy W. Jones, to construct a new
300’ tall self-supported wireless communications tower on 25.59 acres located at 2025
Guess Rd (Tax Map and Parcel number A43-176) in the R (Residential) Zoning District.
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CONSIDERATION TO GRANT OR DENY PETITION SUP-04-21, A REQUEST
BY THE APPLICANT, VERTICAL BRIDGE DEVELOPMENT, LLC (DOUG
BARKER) ON BEHALF OF THE PROPERTY OWNER, RANDY W. JONES, TO
CONSTRUCT A NEW 300’ TALL SELF-SUPPORTED WIRELESS
COMMUNICATIONS TOWER ON 25.59 ACRES LOCATED AT 2025 GUESS RD
(TAX MAP AND PARCEL NUMBER A43-176) IN THE R (RESIDENTIAL)
ZONING DISTRICT:
A motion was made by Vice Chairman Puryear and carried 5-0 to approve a
request by the applicant, Vertical Bridge Development, LLC (Doug Barker) on behalf of
the property owner, Randy W. Jones, to construct a new 300’ tall self-supported wireless
communications tower on 25.59 acres located at 2025 Guess Rd (Tax Map and Parcel
number A43-176) in the R (Residential) Zoning District as presented with the following
condition to be placed on the Special Use Permit:
1. The applicant is to obtain all necessary permits for the wireless communications
tower project and adhere to all requirements listed in the Person County Planning
and Zoning Ordinance.
In addition, Vice Chairman Puryear stated the request met the four findings of fact and in
general conformity with the Comprehensive Plan.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Ms. Anderson Clayton of 1416 Stone Drive, Roxboro and Chair of the Person
County Democratic Party reminded everyone that the municipal election would be taking
place on October 5, 2021 with voting in the Person County Office Building Auditorium.
She also extended an invitation to the monthly Democratic Party meeting on October 18,
2021 starting at 7:00pm. Ms. Clayton commended the Roxboro Area Chamber of
Commerce, the Roxboro Uptown Group and others in making the recent Personality event
a success. She asked the Board to included public input on how to use the American Rescue
Plan funding noting an emphasis on expanding affordable broadband to the underserved
citizens in the county.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of September 7, 2021,
B. Approval of Minutes of September 20, 2021,
C. Budget Amendment #6 Carryforwards2, and
D. Budget Amendment #7
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UNFINISHED BUSINESS:
SECOND READING TO UPDATE THE ORDINANCE REGULATING
POSSESSION OR CONSUMPTION OF MALT BEVERAGES OR UNFORTIFIED
WINE ON COUNTY PROPERTY:
John Hill, Director of Recreation, Arts, and Parks Department stated the Board of
Commissioners, at its meeting on September 20, 2021, voted 4-0 to adopt the update to the
Ordinance Regulating Possession or Consumption on Malt Beverages or Unfortified Wine
on County Property. As all five commissioners were not present to vote at the First
Reading, the County Attorney advised a Second Reading was in order to meet statutorily
requirements noting a majority vote would adopt the updated ordinance.
The updated ordinance would allow for alcohol to be served or sold at authorized
special event locations on County property with the approval by the Board of
Commissioners and the required Person County Special Event Alcohol Permits and North
Carolina Alcohol license and event permits.
Mr. Hill requested Board consideration to adopt the updated Ordinance Regulating
Possession or Consumption of Malt Beverages or Unfortified Wine on County Property
A motion was made by Commissioner Palmer and carried 5-0 to adopt an
Ordinance Regulating Possession or Consumption of Malt Beverages or Unfortified Wine
on County Property, as presented with a provision to authorize special event locations.
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AUTHORIZING RESOLUTION FOR SPECIAL EVENT LOCATION:
John Hill, Director of Recreation, Arts, and Parks Department on behalf of the
Person County Recreation Advisory Board requested that the Person County Board of
Commissioners consider an Authorizing Resolution for Special Event Location. Mr. Hill
noted the resolution would authorize the possession or consumption of malt beverages or
unfortified wine, i.e., alcohol to be served at a specific location, which in this case is the
Huck Sansbury Recreation Complex property, owned by Person County and located at 425
Long Avenue, Roxboro, NC on October 5, 2021, between the hours of 1:00pm and 6:00pm
by a licensed and insured alcoholic beverage vender, business, or company for the
Mountains to Coast Ride special event.
Mr. Hill said approximately 800 bicycle riders participating in the Mountains to the
Coast Ride would be arriving at the Huck Sansbury Complex in the morning hours of
October 5, 2021 following their ride from Reidsville.
A motion was made by Vice Chairman Puryear and carried 5-0 to adopt an
Authorizing Resolution for Special Event Location, in this case, at the Huck Sansbury
Recreation Complex property, owned by Person County and located at 425 Long Avenue,
Roxboro, NC on October 5, 2021, between the hours of 1:00pm and 6:00pm.
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NEW BUSINESS:
STORMWATER INTERIM ALTERNATIVE IMPLEMENTATION APPROACH
PROJECT UPDATE:
Planning Director, Lori Oakley & John Hill, Director of Recreation, Arts and Parks
Updated the Board on the Stormwater Team’s efforts on the Stormwater Interim
Alternative implementation Approach (IAIA) projects.
Ms. Oakley stated that during the May 17, 2021 Board of Commissioners meeting,
the stormwater team presented three potential projects that would fulfill the county’s
stormwater regulation obligation under the IAIA program. The board authorized staff to
proceed with the projects as presented. She updated the group that one of the projects
presented in May had been taken off the table as the property was sold. Ms. Oakley stated
that the County has $144,000 in the budget to spend on the qualifying projects by June 30,
2022. Ms. Oakley updated staff were diligently working with the adjacent property owners
exploring option in gaining access to the County Farm which was deemed the #1 project
they were focusing on. Simultaneously, the stormwater team was working on its #2 project
regarding property between the Rock Athletic Complex and Southern Middle School
Mr. Hill described some of the amenities for the Rock Athletic Complex project
included mountain biking, hiking, environmental education, wildlife education, fertilizer
education and possible public utilities right of way or green spaces to connect the
community. Mr. Hill stated the Stormwater Team would like to approach an architect firm
for planning on this project.
In addition, Mr. Hill stated the Stormwater Team was coordinating community
meetings to answer questions from the public and gain new ideas possibly later this month.
Mr. Hill noted they would probably conduct two such meetings, one in the Helena area and
the other in town.
BEREA SOLAR, LLC WRITTEN DECISION DENYING SPECIAL USE PERMIT:
County Attorney, TC Morphis, Jr. stated the new state statutes require the Board of
Commissioners to approve a Written Order of the decision made when taking up the
Special Use Permit application. County Manager, Heidi York said this action formalizes
the action already taken by the Board of Commissioners at its August 16, 2021 meeting.
A motion was made by Commissioner Gentry and carried 5-0 to approve the Berea
Solar, LLC Written Decision Denying Special Use Permit, as presented.
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CONSIDERATION TO RELOCATE THE BOARD’S REGULAR-SCHEDULED
OCTOBER 18, 2021, NOVEMBER 1, 2021, NOVEMBER 15, 2021 AND
DECEMBER 6, 2021 MEETINGS TO BE HELD IN THE COUNTY
AUDITORIUM:
A motion was made by Vice Chairman Puryear and carried 5-0 to relocate the
Board of Commissioners’ regular-scheduled meetings on October 18, 2021, November 1,
2021, November 15, 2021, and December 6, 2021 to be held in the Person County Office
Building Auditorium, located at 304 S. Morgan St., Roxboro, NC.
CHAIRMAN’S REPORT:
Chairman Powell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported that staff were awaiting direction from the
Department of Treasury on clarification for expending the American Rescue Plan funds
however noting that infrastructure and notably expansion of broadband was a priority.
COMMISSIONER REPORT/COMMENTS:
There were no reports or comments from Vice Chairman Puryear nor
Commissioners Palmer or Gentry.
Commissioner Sims asked Commissioner Gentry about the status of the Economic
Development Task Force which met last in May 2021. Commissioner Gentry responded
that she had sent an email noting a report from the Task Force was forthcoming in
November.
Commissioner Sims stated he wanted to address some questions posed by John
Seepe:
a) Regarding land being donated to PCC for the Advance Technology Center
(ATC), he said he spoke with PCC staff, Beth Townsend who told him she was
not aware of any land donation for the ATC project.
b) Regarding the Solar moratorium, he said staff and the county attorney were
currently working on amendments for the solar regulations.
c) Regarding mandating a COVID vaccine for employees, he said the county is
following CDC guidelines and holding for a mandate at this time.
Commissioner Sims recognized the Roxboro Area Chamber of Commerce who was
awarded $25,000 Uptown Grant by Duke Energy. He added it was good to see people at
the Chamber’s Personality event and thanked the Chamber and all its volunteers that made
it possible.
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CLOSED SESSION #1
A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed
Session at 7:58pm 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 county
(economic development) with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic Development
Director, Sherry Wilborn, and County Attorney, TC Morphis, Jr.
Chairman Powell called the Closed Session #1 to order at 8:01pm. Commissioner
Gentry and Economic Development Director, Sherry Wilborn attended the Closed
Session #1 via telephone conference call.
A motion was made by Vice Chairman Puryear and carried 5-0 to return to open
session at 8:10pm.
ADJOURNMENT:
A motion was made by Vice Chairman Puryear and carried 5-0 to adjourn the
meeting at 8:10pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman