12-06-2021 Meeting Minutes BOC
December 6, 2021
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PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 6, 2021
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, December 6, 2021 at 7:00pm in the Person County Office
Building Auditorium.
Chairman Powell called the meeting to order and offered an invocation. Vice
Chairman Puryear led the group in the Pledge of Allegiance.
ORGANIZATION OF BOARD
County Attorney, Ellis Hankins presided over the meeting and explained that the
Board’s rules of procedure and state statutes provide for the election of Chairman and Vice-
Chairman at the first meeting in December for a term of the ensuing year.
Mr. Hankins presided over the election of the Chairman of the Board of
Commissioners and opened the floor for nominations.
Commissioner Sims nominated Commissioner Powell as Chairman.
Commissioner Gentry nominated Commissioner Puryear as Chairman.
There were no further nominations.
By show of hands, Commissioners Sims, Palmer, Puryear and Powell voted for
Commissioner Powell for Chairman. Commissioner Gentry was the lone dissenting vote.
Commissioner Powell was elected the Board’s Chairman by a majority vote.
Newly elected Chairman Powell opened the floor for nominations for Vice
Chairman of the Board of Commissioners.
Commissioner Puryear nominated Commissioner Sims as Vice Chairman. There
were no further nominations.
By acclamation, Commissioner Sims was named Vice Chairman of the Board.
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DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell stated a request to add two items to the agenda: 1) a Resolution
Authorizing the Fire Marshal to implement a local burn ban, and 2) a Closed Session to
confer with the County Attorney.
A motion was made by Commissioner Gentry and carried 5-0 to add an item to
the agenda for consideration for a Resolution Authorizing the Fire Marshal to implement a
local burn ban, as well as a Closed Session to confer with the County Attorney to the agenda
and to approve the agenda as adjusted.
PUBLIC HEARING:
PETITION CD-02-21 - A REQUEST BY KEVIN PURYEAR PROPERTIES, LLC,
FOR A CONDITIONAL DISTRICT REZONING FROM R (RESIDENTIAL) TO
CD-RC (CONDITIONAL DISTRICT - RURAL CONSERVATION) FOR
EQUIPMENT STORAGE AND SERVICE ON TAX MAP AND PARCEL NUMBER
A25-151 ON 36 ACRES LOCATED ON DUNNAWAY ROAD:
A motion was made by Vice Chairman Sims and carried 5-0 to open the duly
advertised public hearing for Petition CD-02-21, a request by Kevin Puryear Properties,
LLC, for a Conditional District Rezoning from R (Residential) to CD-RC (Conditional
District - Rural Conservation) for equipment storage and service on Tax Map and Parcel
Number A25-151 on 36 acres located on Dunnaway Road.
Commissioner Puryear disclosed that the applicant, Kevin Puryear, was a relative
of his and asked the County Attorney to address if it would be appropriate for him to recuse
himself from this item. County Attorney, Ellis Hankins said state statutes would not allow
Commissioner Puryear to recuse himself from voting in this situation noting Commissioner
Puryear had no financial interest with this item and Chapter 160D of state law allows
recusal from a legislative zoning matter if there is a close familial relationship. The
definition of a close familial relationship is defined as a spouse, sister, brother, or
grandparents and was not extended to a cousin relation.
Planning Director, Lori Oakley stated that all state statutes and Planning Ordinance
Requirements regarding notice have been met for this public hearing and she submitted her
staff report into the record as follows:
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Ms. Oakley shared the following presentation with the group:
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Ms. Oakley said the property was vacant and contained woodlands.
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Ms. Oakley said the applicant was requesting a conditional district rezoning of the
property from R (Residential) to CD-RC (Conditional District - Rural Conservation), in
order to develop approximately 3 acres out of the 36-acre site for an equipment service and
storage area for the coal ash pond located on the adjacent Duke Energy parcel. She noted
the project would consist of a 50’ x 60’ shop building along with an associated area for
equipment laydown/storage and an area for loading and unloading. The building will be
used for maintenance of vehicles and heavy equipment associated with Duke Energy. In
addition, Ms. Oakley noted there would also be a 36’ x 55’ office trailer and 42 parking
spaces.
Ms. Oakley said access to the site would be from a proposed 60’ wide access
easement located on the adjacent Duke Energy parcel to the west and the applicant
requested to utilize gravel for both the access road and the parking spaces per Section 81-
1 of the Person County Planning Ordinance.
Ms. Oakley said the next slide contained two future land use maps. The one on the
left is from the 2001 version of the Comprehensive Land Use Plan and what this project
would technically fall under because of when it was submitted. The one on the right is the
new FLUM in the new Comprehensive Land Use Plan that was just adopted a few weeks
ago.
Ms. Oakley reiterated the map on the left governs the project and identifies the site
as Rural Residential/Poor Soils. She noted possible uses include low density residential,
limited commercial, office, churches and public/institutional. The map on the right depicts
the property as Rural. Uses include low density residential, neighborhood scale commercial
within 1,000 ft of major intersections, agricultural and ag-related uses.
Ms. Oakley further noted that Appendix O of the current Land Use Plan lists Goal
2.0 – Provide a strong local planning environment that supports and enhances the economic
growth potential of Person County.
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Commissioner Palmer asked Ms. Oakley following the approximately ten years to
excavate the coal ash, what would then happen with the site, as presented. Ms. Oakley said
that was a good question for the applicant but reiterated this Conditional District Rezoning
request, if approved, was for a specific use with a specific site plan and should another use
be desired, a new application and approval would be required for such.
Chairman Powell announced speakers for the public hearing to limit their
comments to two minutes each.
Speaking in favor of the Petition CD-02-21, a request by Kevin Puryear Properties,
LLC, for a Conditional District Rezoning from R (Residential) to CD-RC (Conditional
District - Rural Conservation) for equipment storage and service on Tax Map and Parcel
Number A25-151 on 36 acres located on Dunnaway Road were:
Mr. Walter Cates, a local attorney for the applicant, stated Ms. Oakley pretty much
explained the request for a Conditional District Rezoning, which was a good plan to fix a
problem noting access to the site was via Duke Energy’s property. Mr. Cates noted the site
was well buffered from adjacent property. Mr. Cates said any future proposed use of the
site would have to come back before the Board for approval.
Mr. Cates stated Mr. Andrew Christ of Colfax was the engineer for the project and
was present and available for questions from the Board.
Mr. Cates stated Mr. Mike Kira of Semora and the owner, Mr. Kevin Puryear of
Roxboro were both present and available for questions from the Board.
The Board of Commissioners had no further questions.
Speaking in opposition to Petition CD-02-21, a request by Kevin Puryear
Properties, LLC, for a Conditional District Rezoning from R (Residential) to CD-RC
(Conditional District - Rural Conservation) for equipment storage and service on Tax Map
and Parcel Number A25-151 on 36 acres located on Dunnaway Road was Ms. Cynthia
Lynch.
Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills stated her
concerns had been addressed and she had no further comments.
A motion was made by Commissioner Palmer and carried 5-0 to close the public
hearing for Petition CD-02-21, a request by Kevin Puryear Properties, LLC, for a
Conditional District Rezoning from R (Residential) to CD-RC (Conditional District - Rural
Conservation) for equipment storage and service on Tax Map and Parcel Number A25-151
on 36 acres located on Dunnaway Road.
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CONSIDERATION TO GRANT OR DENY PETITION CD-02-21 - A REQUEST
BY KEVIN PURYEAR PROPERTIES, LLC, FOR A CONDITIONAL DISTRICT
REZONING FROM R (RESIDENTIAL) TO CD-RC (CONDITIONAL DISTRICT
- RURAL CONSERVATION) FOR EQUIPMENT STORAGE AND SERVICE ON
TAX MAP AND PARCEL NUMBER A25-151 ON 36 ACRES LOCATED ON
DUNNAWAY ROAD:
A motion was made by Commissioner Gentry and carried 5-0 to approve Petition
CD-02-21, a request by Kevin Puryear Properties, LLC, for a Conditional District
Rezoning from R (Residential) to CD-RC (Conditional District-Rural Conservation) for
equipment storage and service on Tax Map and Parcel Number A25-151 on 36 acres
located on Dunnaway Road. Commissioner Gentry noted the request was consistent with
the Person County Land Use Plan and future planning goals of the county, was reasonable,
and in the public interest as it meets the goals of the Person County Land Use Plan
specifically 2.0 - Provide a strong local planning environment that supports and enhances
the economic growth potential of Person County.
PUBLIC HEARING:
PETITION RZ-03-21 – A REQUEST BY TERRY L. AND CLARA D. VICK,
APPLICANTS AND PROPERTY OWNERS, FOR A REZONING OF THEIR
PROPERTY FROM R (RESIDENTIAL) TO RC (RURAL CONSERVATION),
LOCATED AT 6451 SEMORA RD., TAX MAP AND PARCEL NUMBER A26-15,
CONSISTING OF APPROXIMATELY 28 ACRES:
Planning Director, Lori Oakley announced that her staff spoke with the applicants
earlier in the day to find out that Mr. Vick was under the weather. Ms. Oakley stated
planning staff asked Mr. Vick if he would like staff to request a deferral to the Board’s
January meeting. Mr. Vick sent an email to Planning staff stating he would like to
withdraw his application for general rezoning on this date and instead will re-apply within
60 days for Conditional Rezoning.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Chris Weaver of 243 Satterfield Farm Road, Timberlake referenced the Toyota
announcement at a mega site down the road and asked if Person County competed and was
Person County competing? Mr. Weaver stated he wanted more, better economic
development and asked what was Person County doing with its mega site; he said it was
just a big swimming pool with no sign.
Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills thanked
Commissioner Gentry and the Task Force members for their work noting two
commissioners attended the November 10, 2021 Task Force meeting and the other three
commissioners participated in private meetings with some of the Task Force members
which made her suspicious.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of November 15, 2021,
B. Budget Amendment #10,
C. Board of Education’s Resolution Requesting Approval from Person County
Board of Commissioners for the Transfer of Funds ($400,251) to Capital
Outlay, and
D. Approval of Bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff
NEW BUSINESS:
PRESENTATION OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT
FOR FISCAL YEAR ENDING JUNE 30, 2021:
Finance Director, Amy Wehrenberg informed the Board that the Annual
Comprehensive Financial Report for Fiscal Year ending June 30, 2021 was completed and
submitted by the deadline of October 31, 2021. Ms. Wehrenberg introduced Person
County’s Audit Firm, Elliott Davis, and its CPA and Manager, Jami Crampton to share
with the Board the Auditor Required Communication and Audit Results for Fiscal Year
ending June 30, 2021.
Mr. Crampton stated he would provide an overview of the Fiscal Year 2021 Audit
giving credit to the Finance staff, following a data loss by the Cyber Incident, for efforts in
completing the Fiscal Year 2020 Audit which was presented to the Board in September
and now, just months later, are able to present Fiscal Year 2021.
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Ms. Wehrenberg shared the following presentation with the Board also regarding
Fiscal Year ending June 30, 2021.
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Chairman Powell complimented the Finance Department staff for their efforts
ensuring Person County sound finance position. County Manager, Heidi York stated the
Finance Department has gone above and beyond expectations even when down a position.
A motion was made by Vice Chairman Sims and carried 5-0 to accept the reports
of the Independent Auditor and Person County Finance Director.
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A RESOLUTION AUTHORIZING THE FIRE MARSHAL TO IMPLEMENT A
LOCAL BURN BAN:
Assistant County Manager, Katherine Cathey presented to the Board a Resolution
Authorizing the Fire Marshal to implement a local burn ban in response to the November
29, 2021 NC Forest Service statewide open burn ban. The statewide open burn ban
prohibits burning in excess of 100 ft. from an occupied dwelling and has cancelled all
burning permits due to increased fire risks related to climate conditions, i.e., lack of rain
and wind.
Ms. Cathey noted that county fire departments have been responding to grass fires
daily for the last week or so. Residents have been aware and reporting fires at a higher rate.
Ms. Cathey said the open burn ban prohibits burning leaves, branches and other
plant material. She reiterated burning trash, lumber, tires, newspapers, and plastics is
illegal. Governmental agencies have jurisdiction over open burning within 100 ft. of an
occupied dwelling. She noted the NC Forest Service has requested county fire marshals to
implement local burn bans so that fires can be extinguished within the 100 ft. of an
occupied dwelling. Ms. Cathey said to align with the state burn ban; the local burn ban
would prohibit campfires, fire pits, outdoor fireplaces, and burn barrels. She noted charcoal
and gas grills would be exempt from the ban within 100 ft. of dwellings.
Ms. Cathey further noted the resolution before the Board would apply to all
unincorporated areas of Person County. Ms. Cathey noted the County Fee Schedule
includes fines for complaint investigations for illegal open burning and said the residential
first offense is $50 and a second offense is $100. However, Ms. Cathey stated the local
ban would be used as an educational tool and would enable the local fire departments and
the Forest Service personnel to extinguish fires within 100 ft. of a dwelling. The Fire
Marshal’s Office would be authorized to issue a fine for illegal open burning and violations
of the ban.
If the Board approves the resolution, authority is given to the Fire Marshal, and
with the county’s current vacant Fire Marshal position, the Deputy Fire Marshal would be
authorized to issue a local ban as soon as tomorrow with a great enforcement effort by both
the NC Forest Service and local fire departments. In addition, Ms. Cathey said this would
apply to future bans with certain circumstances.
Vice Chairman Sims asked Ms. Cathey when a burn ban is lifted, could citizens
then burn their leaves to which she affirmed noting the resolution has language to repeal
the same way that it is implemented, as the Fire Marshal’s Office deem appropriate. Ms.
Cathey opined the county would follow the lead of the state and its decision to remove the
statewide ban and evaluate local conditions and follow suit.
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Vice Chairman Sims asked Ms. Cathey how would this be communicated with
citizens to which she said the county would use social media, newspaper and radio as well
as the county website.
County Attorney, Ellis Hankins explained the Fire Marshal had no inherent
authority nor statutory authority to declare a burning ban near structures however, the board
of county commissioners may confer that authority as such the purpose of the resolution
before the Board to authorize the county Fire Marshal.
Commissioner Gentry asked if another resolution would be needed to rescind a burn
ban and with a new resolution should another ban be needed to which Ms. Cathey said no
as the resolution before the Board would convey the authority to the Fire Marshal to make
those decisions based on local conditions.
When asked if parameters were need to be added, Mr. Hankins stated county and
municipal fire officials almost always follow the guide of the State Forest Service and he
let the Board know that the resolution before the Board was adequate and necessary at the
moment. Mr. Hankins said should there be a need to amend or repeal the resolution, the
Board certainly has that authority.
Vice Chairman Sims noted his preference that the first offense be a warning. Ms.
Cathey stated that was certainly the practice; however, the Forest Service told her that
during a burn ban, they did not issue a warning, and cited violators with a fee on the first
offense due to the extreme danger.
Commissioner Puryear asked Ms. Cathey questions on what was defined as
prohibited, i.e., a fire pit using propane, a tall outside heater using propane to which Ms.
Cathey stated the Forest Service defines the use of recreational fires, bonfires and outdoor
fireplaces as open flame. Mr. Hankins recommended citizens with questions to consult the
Fire Marshal’s Office.
Commissioner Palmer said as a lifelong resident of Person County, he just found
out two years ago that citizens needed a permit to burn leaves. The Board had consensus
that citizens do not know all the rules and an educational campaign was needed, i.e. flyers
on doors, mailers to property owners, include information with the tax bill flyers. County
Manager, Heidi York stated she could certainly add information on the tax flyer insert,
and/or let the Board know of the costs to mail information to citizens. Commissioner
Gentry stated this was another case in point where a Public Information Officer was needed
to address these types of things to which Ms. Cathey stated that job position had been
posted.
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Commissioner Sims stated his support of the burn ban but wanted to make the first
offense a warning without citation, with subsequent violations with a fine. Mr. Hankins
suggested to amend the resolution by added the following language as #5 on the resolution,
“The Fire Marshal’s Office shall issue a warning citation for a first offense, before issuing
a citation to be enforced with civil penalties or other remedies for subsequent violations.”
Commissioner Palmer noted a $50 fine was small in comparison to burning down
a $250,000 home. Mr. Hankins said the General Assembly has recently changed the law
about the remedies for enforcement of local ordinances noting he would soon be bringing
before the Board potentially amending county ordinance to conform to the statutory
changes.
A motion was made by Vice Chairman Sims and carried 5-0 to amend a
Resolution Authorizing the Fire Marshal to implement a local burn ban by adding #5 to
read “The Fire Marshal’s Office shall issue a warning citation for a first offense, before
issuing a citation to be enforced with civil penalties or other remedies for subsequent
violations” and to adopt the resolution as amended.
CHAIRMAN’S REPORT:
Chairman Powell wished all the citizens of Person County a Merry Christmas and
Happy Holidays. In response to public comments, he asked County Manager, Heidi York
to comment on information heard or seen factually related to battery manufacturers. Ms.
York stated the County has received requests and responded to public records requests
related to discussions containing text with battery manufacturers and specifically with
Volvo along with the County’s Economic Development Director’s email, texts noting no
records to substantiate some of the claims the Board has heard. Ms. York stated she would
conduct an investigation of matters if there was some proof that can be produced to show
that the Economic Development Director has mishandled inquiries or not returned phone
calls noting the Board has heard allegations about her performance and she did not have
any proof of what is stated on social media. Ms. York welcomed the opportunity to respond
in a formal manner if there is such documentation, but until that happens, she said it feels
like false claims against her. She further confirmed that to her knowledge, the Economic
Development Director has responded to every project and inquiry that comes to Person
County. Chairman Powell stated as the Board’s Chairman, he takes very seriously
accusations and he researched and now defends county operations; he noted however, he
has found questionable inquiries from people who claim to have information on companies
that desire to relocate in Person County but none have proven to have any validity and
appear to be an attempt to discredit the Economic Development Director. Chairman Powell
urged anyone that has proof to come forward for accountability.
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MANAGER’S REPORT:
County Manager, Heidi York reported that County offices are closed on Friday,
December 31, 2021, as it is a State and County holiday. She noted the Tax Office has
historically taken in many citizen’s property tax payments in person on this date and further
noted a Drop Box for payments was in place to accept payments. Ms. York asked the
group to get the word out to pay tax bills prior to the 31st. County Attorney, Ellis Hankins
said citizens have until January 5, 2021 to pay taxes without penalty.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims commented on the following:
Regarding the November 10, 2021 Task Force meeting that was called, he stated it
was not an official Board of Commissioners’ meeting by Commissioner Gentry
sending out a press release inviting the commissioners. Commissioner Gentry said
she sent out two emails without a response from three commissioners and
confirmed it was not an official commissioner meeting. Vice Chairman Sims stated
he had a conflict with the November 10, 2021 meeting and by the time he was able
to join the meeting, it was not procedurally acceptable, as it would not provide the
required 48-hour notice for a quorum of the Board of Commissioners to attend.
Stated the Jingle on the Main was great, very festive event with a great turnout, and
Encouraged attendance of the Roxboro Area Chamber Christmas parade to be held
on December 11, 2021 starting at 2:00pm.
Commissioner Gentry stated the Economic Development Task Force members
requested the meeting and wanted the commissioners to attend; she noted her preference
for the meeting to be held in open session with transparency allowing the public to attend
and not held behind closed doors in private.
Commissioner Palmer commended county staff noting he was pleased to be on the
team for three more years.
Commissioner Puryear wanted to clarify that he was approached by Task Force
members to have a meeting and that he and Chairman Powell accepted their invitation.
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CLOSED SESSION #1
A motion was made by Commissioner Puryear and carried 5-0 to enter into Closed
Session at 8:33pm to consult with the County Attorney on a matter within the scope of the
attorney-client privilege, and to consider and give instructions to the attorney concerning
the handling or settlement of a judicial action, under G.S. 143-318.11(a)(3), and to include
the following County Attorney, Ellis Hankins, County Manager, Heidi York, Assistant
County Manager, Katherine Cathey, Clerk to the Board, Brenda Reaves and Planning
Director, Lori Oakley into the closed session.
Chairman Powell called the Closed Session #1 to order at 8:36pm.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 8:54pm.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 8:54pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman