10-05-2020 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
October 5, 2020
6:30pm
(This Meeting will convene in the County Office Building Auditorium)
CALL THE RECESSED MEETING TO ORDER ……………….. Chairman Jeffers
ITEM #1
Appointment to Economic Development Commission via
Informal Interviews …………………………………………………. Chairman Jeffers
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7:00pm
CALL TO ORDER ………………………………………………….. Chairman Jeffers
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
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INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
ITEM #2
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of September 8, 2020,
B. Approval of Minutes of September 21, 2020,
C. Tax Adjustments for October 2020
a. Tax Releases
b. NC Vehicle Tax System pending refunds
UNFINISHED BUSINESS:
ITEM #3
Proposed Solar Energy Systems Ordinance ……………………………... Lori Oakley
NEW BUSINESS:
ITEM #4
Woodsdale Fire District Coverage Plan and Funding ………………… Keith Duncan
ITEM #5
Appointment to Juvenile Crime Prevention Council ………………… Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PUBLIC NOTICE
The Person County Board of Commissioners, by action at its meeting on
September 21, 2020, has recessed its meeting until 6:30pm on October 5, 2020.
The recessed meeting will be held in the Person County Office Building
Auditorium.
Brenda B. Reaves, NCMCC, MMC
Clerk to the Board
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AGENDA ABSTRACT
Meeting Date: October 5, 2020
Agenda Title: Appointment to Economic Development Commission
Summary of Information:
By action of the Board of Commissioners on September 21, 2020, the informal interview process
was scheduled to take place with the below named applicants on October 5, 2020 starting at 6:30pm.
Attached are interested citizen applications for consideration for appointments.
Economic Development Commission
Unexpired Term to 6/30/22; 1 position available for a citizen
1)Elizabeth Bradsher requests appointment
2)Larry Cole requests appointment
3)Michael Wilkins requests appointment
4)David Ziolkowski requests appointment
Recommended Action: Board nomination for appointment as deemed appropriate.
Submitted By: Brenda B. Reaves, Clerk to the Board
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September 8, 2020
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 8, 2020
MEMBERS PRESENT OTHERS PRESENT
B. Ray Jeffers Heidi York, County Manager
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear C. Ronald Aycock, County Attorney
Gordon Powell
C. Derrick Sims
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Tuesday, September 8, 2020 7:00pm in the Person County Office
Building Auditorium.
Chairman Jeffers called the meeting to order. Vice Chairman Powell offered an
invocation and Commissioner Sims led the group in the Pledge of Allegiance. County
Attorney, Ron Aycock attended the meeting via telephone conference.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
PETITION SUP-01-20 - A REQUEST BY DUKE ENERGY PROGRESS, LLC TO
CONSTRUCT A NEW 58.5-ACRE INDUSTRIAL LANDFILL (ASH BASIN
LANDFILL), ACCESS ROADS, SUPPORTING INFRASTRUCTURE, AND
LEACHATE POND AT THE DUKE ENERGY MAYO STEAM ELECTRIC
PLANT ON LAND WITHIN 224.74 ACRES DESCRIBED IN DEED BOOK 134
PAGE 17 TRACT 21 AND 145.94 ACRES DESCRIBED IN DEED BOOK 148
PAGE 177 TRACT 22 LOCATED AT 10660 BOSTON ROAD IN THE RURAL
CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a request by Duke Energy Progress, LLC to construct a new
58.5-acre Industrial Landfill (Ash Basin Landfill), Access Roads, Supporting
Infrastructure, and Leachate Pond at the Duke Energy Mayo Steam Electric Plant on land
within 224.74 acres described in Deed Book 134 Page 17 Tract 21 and 145.94 acres
described in Deed Book 148 Page 177 Tract 22 located at 10660 Boston Road in the
Rural Conservation Zoning District.
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The public hearing set to hear a Special Use Permit request by Duke Energy
Progress, LLC to construct a new 58.5-acre Industrial Landfill (Ash Basin Landfill),
Access Roads, Supporting Infrastructure, and Leachate Pond at the Duke Energy Mayo
Steam Electric Plant on land within 224.74 acres described in Deed Book 134 Page 17
Tract 21 and 145.94 acres described in Deed Book 148 Page 177 Tract 22 located at
10660 Boston Road in the Rural Conservation 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 Jeffers administered
the Oath of Sworn Testimony to the following individuals who would offer testimony
during the public hearing:
Ms. Lori Oakley, Ms. Kayla DiCristina, Ms. Tanya Evans, Mr. Ken Daly, Mr.
Toby Coleman, Ms. Kimberlee Witt, Mr. Donald Long, Ms. Patricia “PJ” Gentry, and
Mr. Howard Eastwood.
Planning Director, Lori Oakley introduced County Planner, Kayla DiCristina to
introduce this SUP-01-20 request to the Board of Commissioners.
Ms. DiCristina stated all state statutes and planning ordinance requirements have
been met for this public hearing. She shared the following presentation with the group:
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Ms. DiCristina noted the current use contains portions of the Mayo Plant, ash
basin, and wooded areas and the land to the west of the property contains vacant
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properties and a few businesses. She further noted all land zoned RC on the tracts for the
proposed development and the land surrounding those tracts.
The tracts are located on Boston Road adjacent to the VA/NC border.
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Speaking in favor of the request by Duke Energy Progress, LLC to construct a
new 58.5-acre Industrial Landfill (Ash Basin Landfill), Access Roads, Supporting
Infrastructure, and Leachate Pond at the Duke Energy Mayo Steam Electric Plant on land
within 224.74 acres described in Deed Book 134 Page 17 Tract 21 and 145.94 acres
described in Deed Book 148 Page 177 Tract 22 located at 10660 Boston Road in the
Rural Conservation Zoning District were the following:
Ms. Tanya Evans of 84 Flat River Circle, Timberlake and the District Manager
for Duke in the Government Community Relations Department noted Mr. Toby
Coleman, an attorney with Smith Anderson Law Firm of 150 Fayetteville St., Suite 2300,
Raleigh representing Duke Energy has expertise in land use and zoning matters was
helping Duke Energy prepare and submit its applications before the Board. Ms. Evans
further noted Mr. Ken Daly, a principal engineer for environment infrastructure solutions
with Wood PLC; she said Mr. Daly and his team developed the landfill designs and
specifications for the requested permits and were available to answer questions. Ms.
Evans introduced Kim Witt, who works at Duke Energy as the environmental lead for
solid waste permitting and compliance; she is also available to answer any questions.
Ms. Evans said Mr. Toby Coleman would walk through the specifics for each site.
Ms. Evans provided some background about the permit. Last year, state regulators, the
environmental community and Duke Energy agreed to a plan to permanently close the
company’s remaining coal ash basins by excavating the ash into lined landfills in a
manner that continues to protect people, communities and the environment. Ms. Evans
stated this plan recognizes that drinking and recreational water supply are safe now and
ensures that they remain protected. This plan has been approved by NCDEQ and in
accordance with a Consent Order from the state and follows rules and regulations
outlined under state law within the Coal Ash Management Act. Ms. Evans stated the
landfill locations that are before the Board are a result of a detailed analysis that includes
prioritizing the environmental protection, minimizing disruption to the communities,
Duke’s ability to comply with state and federal law, Duke’s ability to meet regulatory
deadlines, minimizing impacts to natural resources and minimizing costs for customers.
Ms. Evans said it was important to note that as a result of this analysis, Duke is seeking
permits to construct landfills at both Roxboro and Mayo on plant property and adjacent to
or even within the existing footprint of the current ash basin.
Ms. Evans turned the presentation over to Mr. Toby Coleman to present the
specifics about the projects and how they meet the required criteria for the permit.
Mr. Toby Coleman, attorney with Smith Anderson Law Firm in Raleigh
representing Duke Energy Progress said Ms. Evans has summarized why they were
before the Board for a plan triggering to close the existing ash basin. Mr. Coleman said it
would involve a major undertaking involving the excavation and relocation of about
6.6M tons of coal ash that is currently in the ash basin for the safest and best option both
for the community and public to an onsite landfill.
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Mr. Coleman stated the Coal Ash Management Act of 2014 and an environmental
group Consent Order required closures by 2029 to protect public health and safety. The
ash basin will be drained, excavated and placed into a new landfill that is subject to
oversight and review by DEQ in the design, permitting, construction phases as well as
management and operation phases. Mr. Coleman said Ms. DiCristina mentioned an
existing Monofill that was permitted about a decade ago, when the Mayo Plant was still
in operation; the area where Duke is currently proposing a landfill was not really an
option in 2010 when Duke came before the Board to build a 100+ acre landfill for a place
to send coal ash from existing operations. Mr. Coleman noted the ash basin was full with
the goal to get it to a dry basin; creating a landfill on the existing ash basin was not an
option at that time. Mr. Coleman explained what has changed from that time is the
operations of burning coal and creating coal ash is going to stop as part of this process.
As a result of the closure, the proposed landfill became a viable option. In doing the
analysis, Duke found a number of things to make this a more viable option to use the
approximately 60-acre area than expanding and using up the remaining 80-acres on this
landfill. Mr. Coleman said this would reduce the amount of large trucks carrying coal
ash that needed to cross Boston Road either by the construction of a new bridge or just
driving across the road multiple times a day carrying tons and tons of coal ash. Mr.
Coleman noted an environmental benefit noting both areas have an impact on streams but
a lesser impact in the proposed area. In addition, construction will be under state
regulations that ensure safety but in the event something happens, the surface impacts
would go into the ash basin area which will be reclaimed as opposed to going into surface
streams.
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Mr. Coleman stated the staff report established that the proposed use meets the
required conditions and specifications set out in the ordinance and Duke has more than
exceeded the required setbacks, a use permitted by Special Use criteria and the request
was in harmony with the area, on the power plant’s land.
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Mr. Coleman said the proposed 300 ft. property line setback doubles the required
150 ft. setback.
Mr. Coleman said he and the team are happy to answer any questions.
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Chairman Jeffers asked if there were any homes in the Mayo community with the
water treatment systems like the ones in the Hyco community. Ms. Evans said the water
treatment systems were installed on any home that requested it and was within the one-
half mile radius of the ash basin. Ms. Evans said she did not know the exact number but
she could find out how many.
Mr. Ken Daly of 2113 Climbing Rose Lane, Matthews said he was available to
questions related to the engineering design.
Commissioner Puryear asked if this was considered a subtitle D landfill. Mr.
Daly stated yes, that it actually exceeds the subtitle D requirement in that it has a double
liner system which includes two geo-membranes with a leak detection system in between
it. Mr. Daly said it is going above and beyond an ordinary municipal solid waste landfill
regulated under subtitle D.
Chairman Jeffers stated the request is for an industrial landfill (ash basin landfill)
and asked what are other permitted items that can go into an industrial landfill. Ms.
Kimberlee Witt of 7615 Middle Drive, Greensboro and Duke Energy employee said the
ash basin landfill is just a name of the landfill noting it is an industrial landfill permitted
under the industrial landfill rules of the state and the CCR rule with the EPA. Chairman
Jeffers said he understood that but noted his question was what are other permitted items,
other than coal ash, that can go into an industrial landfill. Ms. Witt said the industrial
landfill is permitted for the same general waste that is permitted in the current Monofill
that is across the road which is essentially waste produced during the power production
process, i.e., it could be FGD, soil comingled with ash, sludge from the waste water
treatment system; that list of waste materials as defined in the permit application.
Ms. Oakley stated per the County’s Zoning Ordinance, it is anything non-
hazardous and non toxic.
Vice Chairman Powell asked Mr. Coleman to clarify monitoring for decades. Mr.
Coleman stated he would let the experts answer that question. Ms. Witt stated the state
and federal rules for groundwater monitoring for closing a landfill facility is post closure
monitoring for 30 years. After 30 years, depending on what is being seen in the
groundwater, if anything, the state will decide if monitoring will be continued or if
monitoring will be ceased. Mr. Coleman added the deadline for closure of this landfill is
2029 and from today, an approximately 10-year process for constructing, filling and
closing the landfill. After the closure, Mr. Coleman stated there would be another 30
years of monitoring.
Chairman Jeffers asked if the current Monofill was at capacity to which Mr.
Coleman stated only one phase of 31-acres had been built and therefore was not at
capacity.
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Chairman Jeffers asked what was the frame of thought of not just using the
current Monofill at the Mayo plant where there is far less homes at least on the Boston
Road area when this one was permitted, and just using one in the county instead of trying
to permit another in the county in the Hyco area. Mr. Daly said the general answer was
frankly that millions and millions of tons in coal ash; the goal is to transport it as short a
distance as possible both for issues of traffic and environmental safety as you don’t want
coal ash dust spraying on homes, on roads, on cars and rather than attempting to haul coal
ash from one power plant to another, the idea was to let’s use the existing facilities. Mr.
Daly said the ponds would have to be drained as part of the pond’s cleanup, so the coal
ash is to go into a landfill on both of these sites.
Mr. Donald Long of 9741 Virgilina Road, Roxboro, a lifelong native of Person
County with education said he holds certification in storm water, waste water I, sub
surface waste water certification, physical chemical waste water certification, and has
made application of residual certification. He said Duke Energy, formerly CP&L,
requested a permit and was given a permit when these facilities were built and built it
based it on the permit that the state of NC gave them which was based on the best science
at that time. Of course, now the science has changed and Duke has been a good
corporate citizen of Person County and for the state of NC. The Division of
Environmental Quality (DEQ) has done an exhaustive study and directed Duke on the
expansion of this landfill. Mr. Long said he went to the two hearings that the DEQ had
here, back earlier this year. Mr. Long believed it was brought up there were millions of
tons of ash at the Hyco Plant, which is one reason you can’t move from one location to
another, across the county. Mr. Long requested that the permit as requested by Duke
Energy be approved.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek, Hurdle Mills thanked the Board for
working for the county and noted her appreciations. She said she didn’t have the
credentials that Donald Long has but supported him in his statements. Ms. Gentry said
Duke Power has been an excellent corporate partner in the county and they have done
everything that has been requested of them trying to minimize the disruption of coal ash,
doing it responsibly according to what the directives they have been given. Ms. Gentry
stated support that they are doing the right things and she asked the Board to support
them in their endeavors.
Mr. Coleman stated out of an abundance of caution, as this was a quasi-judicial
procedure, moved that the Staff Report and all other documents that were provided to the
Board related to this be entered into the record as evidence.
Speaking in opposition to the Duke Energy Progress, LLC to construct a new
58.5-acre Industrial Landfill (Ash Basin Landfill), Access Roads, Supporting
Infrastructure, and Leachate Pond at the Duke Energy Mayo Steam Electric Plant on land
within 224.74 acres described in Deed Book 134 Page 17 Tract 21 and 145.94 acres
described in Deed Book 148 Page 177 Tract 22 located at 10660 Boston Road in the
Rural Conservation Zoning District was the following:
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Mr. Howard Eastwood of 309 Eastwood Long Lane, Roxboro stated he was not
one of the friends of Duke cause they haven’t really treated them too decent on that end.
Mr. Eastwood said his property, 300 ft. to 500 ft. away with several wells with systems;
he said his neighbor and people in Virginia don’t even get a letter saying what’s
happening, and several houses on the other side of the dirt road. Mr. Eastwood stated the
biggest thing they’ve been fighting the last few years with Southern Environmental
Group, the group out of Virginia, and everywhere with the only reason they doing this
now is that they sued them as they wanted to just put dirt on top of it, and leave it laying.
He said he has been to several things and depositions to make them get the coal ash up.
Mr. Eastwood said they begged them 10-years ago to please have the landfill across the
road; they have 100s of acre over there, a whole lot farther away and 501 as you saw the
300 ft. barrier; the new 501 has to go through that crack. With 300 ft. when they come
through there, you’ll be looking at the landfill and have to listen to all this traffic, all
beeping noise, all fly-ash for ten more years is sorta a slap in the face. He said the half-
mile radius with his six tracts of land, three rental houses down there, two of his house
was 130 ft. from the half-mile radius and they wouldn’t talk to him about putting in the
system. He said you always hear Duke is your friend and the only reason he heard they
didn’t want to be the safety of the road. Last year, they took over Mayo Lake Road
construction area and it was hundreds of trucks all day long, dusting 501, dusting my
property, and didn’t have no problem with that. They were going up and down 501, now
they just got to go one straight stretch with the wood yard right up the road, hundreds of
trucks a day don’t have no problem pulling in and pulling out on 501. Mr. Eastwood said
he would like for Duke to carry it across the road where they have only used a section of
it anyway with the same permits to add on and do on that side as they are doing on this
side. Mr. Eastwood stated they haven’t said how deep this is going to be; if they go down
enough to put six million cubic yards of ash, and if their wells go dry, is anyone going to
be responsible. Mr. Eastwood said no one said how deep they would have to go to put
6.5M tons of ash in it. Mr. Eastwood thought a better system could be worked out when
they have hundreds of acres but they want to put it right up on the corner where
everybody else is close around.
Ms. DiCristina assisted Mr. Eastwood to put the map back up on the screen to
illustrate his property. Mr. Eastwood said he might not live to see the 501 built but it
takes a 300 ft. right-of-way and if anything has to be moved, who is liable to pay to
change any of that. Mr. Eastwood said he didn’t see how the state could turn over the
Mayo Lake Road to contractors. He said he has called Ms. Evans and asked if anybody
was going to stop and pay for washing houses when dust come across 501. He said that
was dangerous noting he had to threaten two or three times before they finally started to
watering the road. The only deal they seem to be worried about is crossing the road and
keep dragging it on and ten years is a long time to listen to the noise and stuff to do. Mr.
Eastwood said it is on the corner of property lines of the state of VA and NC noting over
800 acres on the other side with a landfill and a road going through it. Just the dangers of
crossing the road over a 10-year period; companies work at night when not much traffic
on the road. Mr. Eastwood said in 10-years you can safely cross 501 and use the landfill.
If a new park comes, Mr. Eastwood said they would look at how many coal ash landfills
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is Person County going to have and how many chances of leaks in the future. Mr.
Eastwood said to put one anywhere you want noting you change from one field and build
another over here. Is anybody said if Duke leaves in nine years and still have those
landfills, are stuff from other places to be dumped since they have a designated dump.
Does anybody got anybody’s word when it ends that it closes up with nothing in the
future coming rom other counties and other states cause you leave an open door, nobody
said with this one closed – need to ask a lot more questions.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a request by Duke Energy Progress, LLC to construct a new 58.5-acre
Industrial Landfill (Ash Basin Landfill), Access Roads, Supporting Infrastructure, and
Leachate Pond at the Duke Energy Mayo Steam Electric Plant on land within 224.74
acres described in Deed Book 134 Page 17 Tract 21 and 145.94 acres described in Deed
Book 148 Page 177 Tract 22 located at 10660 Boston Road in the Rural Conservation
Zoning District.
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CONSIDERATION TO GRANT OR DENY REQUEST BY DUKE ENERGY
PROGRESS, LLC TO CONSTRUCT A NEW 58.5-ACRE INDUSTRIAL
LANDFILL (ASH BASIN LANDFILL), ACCESS ROADS, SUPPORTING
INFRASTRUCTURE, AND LEACHATE POND AT THE DUKE ENERGY
MAYO STEAM ELECTRIC PLANT ON LAND WITHIN 224.74 ACRES
DESCRIBED IN DEED BOOK 134 PAGE 17 TRACT 21 AND 145.94 ACRES
DESCRIBED IN DEED BOOK 148 PAGE 177 TRACT 22 LOCATED AT 10660
BOSTON ROAD IN THE RURAL CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 4-1 to approve SUP-
01-20, a request by Duke Energy Progress, LLC to construct a new 58.5-acre Industrial
Landfill (Ash Basin Landfill), Access Roads, Supporting Infrastructure, and Leachate
Pond at the Duke Energy Mayo Steam Electric Plant on land within 224.74 acres
described in Deed Book 134 Page 17 Tract 21 and 145.94 acres described in Deed Book
148 Page 177 Tract 22 located at 10660 Boston Road in the Rural Conservation Zoning
District with the following conditions:
1. The applicant is to combine Tracts 21 and 22 following issuance of the Special
Use Permit.
2. The applicant is to obtain all permits necessary from the following Person County
Departments Environmental Health, Planning and Zoning, and Building
Inspections.
3. The applicant is to obtain all permits necessary and provide copies to the Planning
and Zoning Department for the following agencies US Army Corps of Engineers
(USACE) and NC Department of Environmental Quality (NCDEQ).
The Board of Commissioners determined SUP-01-20 met the following findings of fact:
1. That the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved;
2. That the use meets all of the required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity;
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.
Chairman Jeffers stated there were too many landfills in Person County: one in
the southern part of the county and he voiced concern of permitting an industrial landfill
with other items permitted to dump in this landfill. Chairman Jeffers said he was on the
Board ten years ago when the Monofill was approved and with the Monofill not being at
capacity in phase I, he said he was not in favor of granting a SUP to construct a new
landfill. Chairman Jeffers cast the lone dissenting vote.
Commissioner Sims stated with the comments Duke has made and covered the
environmental issues. He noted his concern was with the water and wells around the ash
basin facility. Commissioner Sims said Duke would be monitoring the ground water.
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PUBLIC HEARING:
PETITION SUP-02-20 - A REQUEST BY DUKE ENERGY PROGRESS, LLC TO
EXPAND THE EXISTING INDUSTRIAL LANDFILL BY 80 ACRES AT THE
DUKE ENERGY ROXBORO STEAM ELECTRIC PLANT LOCATED AT 1700
DUNNAWAY ROAD ON LAND WITHIN 231.13 ACRES DESCRIBED IN DEED
BOOK 98 PAGE 90 TRACT 31, 244.74 ACRES DESCRIBED IN DEED BOOK 98
PAGE 39 TRACT 32, 187.88 ACRES DESCRIBED IN DEED BOOK 98 PAGE 605
TRACT 38, AND 28.25 ACRES DESCRIBED IN DEED BOOK 98 PAGE 279
TRACT 91 IN THE RESIDENTIAL ZONING DISTRICT:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a request by Duke Energy Progress, LLC to expand the
existing industrial landfill by 80 acres at the Duke Energy Roxboro Steam Electric Plant
located at 1700 Dunnaway Road on land within 231.13 acres described in Deed Book 98
Page 90 Tract 31, 244.74 acres described in Deed Book 98 Page 39 Tract 32, 187.88
acres described in Deed Book 98 Page 605 Tract 38, and 28.25 acres described in Deed
Book 98 Page 279 Tract 91 in the Residential Zoning District.
The public hearing set to hear a Special Use Permit request by Duke Energy
Progress, LLC to expand the existing industrial landfill by 80 acres at the Duke Energy
Roxboro Steam Electric Plant located at 1700 Dunnaway Road on land within 231.13
acres described in Deed Book 98 Page 90 Tract 31, 244.74 acres described in Deed Book
98 Page 39 Tract 32, 187.88 acres described in Deed Book 98 Page 605 Tract 38, and
28.25 acres described in Deed Book 98 Page 279 Tract 91 in the 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 Jeffers administered the Oath of Sworn Testimony to the following
individuals who would offer testimony during the public hearing:
Ms. Lori Oakley, Ms. Kayla DiCristina, Ms. Tanya Evans, Mr. Ken Daly, Mr.
Toby Coleman, Ms. Kimberlee Witt, Mr. Donald Long and Ms. Patricia “PJ” Gentry
Planning Director, Lori Oakley introduced County Planner, Kayla DiCristina to
introduce this SUP-02-20 request to the Board of Commissioners.
Ms. DiCristina stated all state statutes and planning ordinance requirements have
been met for this public hearing.
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Ms. DiCristina stated the tracts are located off of Dunnaway Road within the
Roxboro Plant, and currently contain portions of the Roxboro Plant, ash basin, and
woodlands. Properties east of the site contain vacant land and scattered single-family
residences (over 1,000 ft. away).
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Tracts to the north of Dunnaway Road are zoned R (residential) (Tract 31, 32, part
of 38, and 91). Tracts to the south of Dunnaway Road are zoned GI (Part of Tract 38).
RC zoning is present east of the site.
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Chairman Jeffers requested Ms. DiCristina to illustrate on the aerial map if
occupied residental homes were located within Tracts 32 and 38 to which she replied
affirmatively. Chairman Jeffers asked what was the required buffer to which Ms.
DiCristina stated the required buffer is 150 ft. from the landfill noting the occupied
residential homes were over 1,000 ft. away which exceeds the buffer requirement. She
added the proposed landfill and the accessory structures, i.e., storm water basins and the
gravel road go onto Tract 38. Chairman Jeffers asked if there were structures on both
sides of the road and Ms. DiCristina stated no noting Tract 38 goes across Dunnaway
Road and the proposed structures are all above Dunnaway Road.
Speaking in favor of the request by Duke Energy Progress, LLC to expand the
existing industrial landfill by 80 acres at the Duke Energy Roxboro Steam Electric Plant
located at 1700 Dunnaway Road on land within 231.13 acres described in Deed Book 98
Page 90 Tract 31, 244.74 acres described in Deed Book 98 Page 39 Tract 32, 187.88
acres described in Deed Book 98 Page 605 Tract 38, and 28.25 acres described in Deed
Book 98 Page 279 Tract 91 in the Residential Zoning District were the following:
Ms. Tanya Evans of 84 Flat River Circle, Timberlake and the District Manager
for Duke in the Government Community Relations Department said her previous
comments are reflective of what she had to say.
Mr. Toby Coleman, attorney with Smith Anderson Law Firm of 150 Fayetteville
Street, Suite 2300, Raleigh and representing the applicant, Duke Energy Progress moved
that the Staff Report and all documents in the packet be entered into evidence in this
quasi-judicial hearing.
Mr. Coleman stated this hearing was very similar situation as Mayo, a coal plant
with a coal ash pond that needs to close under state law. The Roxboro Plant has
approximately 16.9M tons of coal ash for closure and relocation of two ash basins located
on the facility. Mr. Coleman said the goal was to move the coal ash in as short of a
distance as possible. He stated there was an existing landfill onsite so the goal was to
expand the existing landfill.
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Mr. Coleman stated the two ash basins, known as the West Ash Basin and the
East Ash Basin/Landfill were south of the Roxboro Hyco Plant.
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As part of the Ash Basin Management Act 2014, closure of the ash basins are
overseen by the state (DEQ) with specific requirements that are to be met regarding the
design of the new facility, i.e., geographic size, ground water studies to meet and protect
public safety.
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Mr. Coleman illustrated on the below slide how the landfill barely touches Tract
38. The SUP will be associated with the Site Plan boundaries with the goal to not use all
of Tract 38.
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Mr. Coleman noted it has been established that the request has met the required
conditions and specifications of the County ordinance as set out in the Staff Report and
adjoining to an existing landfill on power plant property noting it is in harmony in the
area and zoned for this use as a SUP.
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Mr. Coleman said the large trucks will be able to move between the existing coal
ash basins on the facility rather than hauling coal ash out a residential road, which is a
primary access to this property.
Commissioner Clayton asked if the current coal ash was in a pond that is flooded,
with water standing to which Mr. Coleman stated there are two wet ponds.
Commissioner Clayton said by moving from wet storage to dry storage with draining and
protection should cut down on the lechtate to which Mr. Coleman affirmed noting that is
why state law requires the closure of the existing coal ash ponds for the purpose to
improve environmental protections. Commissioner Clayton noted he had been around a
long time and remember when coal ash got in the lake and caused a silinem problem in
the late 70’s or 80’s which took quite a while to get straightened out. He added he knew
you can get things out of coal ash and understood Chairman Jeffers’ concern about it
being within a certain distance of houses and roads. Commissioner Clayton stated it
appears to him that what Duke is fixing to do is better than what has been done in the past
so it should be an improvement. Commissioner Clayton opined this was a different
landfill and not like a landfill that takes garbage and everything including coal ash. He
added the Duke landfill will include one product with the assumption that Duke was not
putting something else in this landfill unless permitted for it to which Mr. Coleman
affirmed. Commissioner Clayton noted it’s on Duke’s property, entirely owned by Duke
and should be an improvement from what is out there now. Commissioner Clayton stated
he understood the gentlemen’s comments about dust and different things but Duke’s site
is close enough by to cut down on a lot of transportation to haul that many millions of
tons of coal ash. He pointed out the lined bottom and lined top and built according to
specifications should be okay and be an improvement to the groundwater and the area to
the well. Mr. Coleman wholeheartedly agreed with Commissioner Clayton’s statement.
He said he has been around a while and usually oppose landfills for the neighborhood but
in this situation, he thought it would be an improvement over what we have now.
Chairman Jeffers noted as a permitted industrial landfill he asked Mr. Coleman to
say his intent was to only have coal ash but it is permitted for other uses. Mr. Coleman
stated that was correct. Chairman Jeffers added non hazardous and non toxic items can
go in it as it does not say just coal ash.
Commissioner Sims asked if the water treatment system was requested, would
they would receive it to which Ms. Evans stated by law they had to provide water
treatment systems to any residents that requested who live within that half-mile radius.
She said if she had known about the question, she would have been able to provide the
Board with the numbers of residents who had received the water system; she said she
would certainly follow up. Commissioner Sims stated with the expanding landfill and
should someone come to you for the water treatment system, would Duke still do that.
Ms. Evans noted this landfill is still within that half-mile boundary so it does not extend
the boundary from what was originally used to determine who was eligible for a water
treatment system. Commissioner Sims asked her if they came now and was eligible and
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didn’t request a system earlier but now wanted one, could they get one, to which Ms.
Evans stated she did not know.
Chairman Jeffers voiced concerns from the community in that area who were
outside the half-mile boundary that did not get a water treatment system and was
supposed to trust their water when their neighbor inside that boundary received a water
treatment system. Ms. Evans stated she hears the concern but at some point, the line has
to stop; she added she would assure those who are concerned that based on the
groundwater studies that the water is flowing away from the ponds anyway so the data
does not support that the ash basins are affecting wells with Duke’s neighbors but they
provided the water treatment systems nonetheless.
Mr. Ken Daly, a principal engineer for environment infrastructure solutions with
Wood PLC of 2113 Climbing Rose Lane, Matthews and Ms. Kimberlee Witt of 7615
Middle Drive, Greensboro and works at Duke Energy as the environmental lead for solid
waste permitting and compliance both stated they were available for questions.
Mr. Donald Long of 9741 Virgilina Road, Roxboro stated his previous comments
were reflective of his support of Duke Energy’s request. He said he agreed with
Commissioner Clayton as the science has improved and it will be a great improvement
over what is there now. He urged the Board to approve the request.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills stated her
previous comments were reflective of her support of Duke Energy’s request.
There was no individuals appearing before the Board to speak in opposition to the
request by Duke Energy Progress, LLC to expand the existing industrial landfill by 80
acres at the Duke Energy Roxboro Steam Electric Plant located at 1700 Dunnaway Road
on land within 231.13 acres described in Deed Book 98 Page 90 Tract 31, 244.74 acres
described in Deed Book 98 Page 39 Tract 32, 187.88 acres described in Deed Book 98
Page 605 Tract 38, and 28.25 acres described in Deed Book 98 Page 279 Tract 91 in the
Residential Zoning District. Chairman Jeffers noted that the commissioners had at their
seats a letter that was mailed to Ms. DiCristina from Mr. Phillip Bentjey of 3781
McGhees Mills Road, Roxboro.
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A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for a request by Duke Energy Progress, LLC to expand the existing industrial
landfill by 80 acres at the Duke Energy Roxboro Steam Electric Plant located at 1700
Dunnaway Road on land within 231.13 acres described in Deed Book 98 Page 90 Tract
31, 244.74 acres described in Deed Book 98 Page 39 Tract 32, 187.88 acres described in
Deed Book 98 Page 605 Tract 38, and 28.25 acres described in Deed Book 98 Page 279
Tract 91 in the Residential Zoning District.
CONSIDERATION TO GRANT OR DENY REQUEST BY DUKE ENERGY
PROGRESS, LLC TO EXPAND THE EXISTING INDUSTRIAL LANDFILL BY
80 ACRES AT THE DUKE ENERGY ROXBORO STEAM ELECTRIC PLANT
LOCATED AT 1700 DUNNAWAY ROAD ON LAND WITHIN 231.13 ACRES
DESCRIBED IN DEED BOOK 98 PAGE 90 TRACT 31, 244.74 ACRES
DESCRIBED IN DEED BOOK 98 PAGE 39 TRACT 32, 187.88 ACRES
DESCRIBED IN DEED BOOK 98 PAGE 605 TRACT 38, AND 28.25 ACRES
DESCRIBED IN DEED BOOK 98 PAGE 279 TRACT 91 IN THE RESIDENTIAL
ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 4-1 to approve SUP-
02-20, a request by Duke Energy Progress, LLC to expand the existing industrial landfill
by 80 acres at the Duke Energy Roxboro Steam Electric Plant located at 1700 Dunnaway
Road on land within 231.13 acres described in Deed Book 98 Page 90 Tract 31, 244.74
acres described in Deed Book 98 Page 39 Tract 32, 187.88 acres described in Deed Book
98 Page 605 Tract 38, and 28.25 acres described in Deed Book 98 Page 279 Tract 91 in
the Residential Zoning District with the following conditions:
1. The applicant is to combine Tracts 31, 32, 38, and 91 following issuance of the
Special Use Permit.
2. The applicant is to obtain all permits necessary from the following Person County
Departments Environmental Health, Planning and Zoning, and Building
Inspections.
3. The applicant is to obtain all permits necessary and provide copies to the Planning
and Zoning Department for the following agencies US Army Corps of Engineers
(USACE) and NC Department of Environmental Quality (NCDEQ).
The Board of Commissioners also found that the request met the following Findings of
Fact:
1. That the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved;
2. That the use meets all of the required conditions and specifications;
3. That the use will not substantially injure the value of adjoining or abutting
property, or that the use is a public necessity;
4. That the location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Plan.
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Chairman Jeffers stated his previous comments were reflective of his opposition
to the permitting more landfills in Person County. He added that the Mayo Plant has the
waterline going out on Boston Road noting there was no waterline anywhere near
McGhees Mill and Ceffo communities. Chairman Jeffers said the Mayo Plant was in a
Rural Conservation District and he noted his opposition to approve this request in a
Residential Zoning area. Chairman Jeffers cast the lone dissenting vote.
PUBLIC HEARING:
PETITION TA-03-20 – A REQUEST BY THE PERSON COUNTY PLANNING
DEPARTMENT STAFF ON BEHALF OF THE PERSON COUNTY BOARD OF
COMMISSIONERS TO REPEAL THE EXISTING SOLAR ENERGY SYSTEM
REGULATIONS IN THE PERSON COUNTY PLANNING ORDINANCE NOTE
#2 INDUSTRIAL AND MANUFACTURING OPERATIONS AND NOTE #10
SOLAR ENERGY SYSTEMS AND ENACT A FREE-STANDING SOLAR
ENERGY SYSTEM ORDINANCE:
A motion was made by Commissioner Clayton and carried 5-0 to open the duly
advertised public hearing for a request by the Person County Planning Department staff
on behalf of the Person County Board of Commissioners to repeal the existing solar
energy system regulations in the Person County Planning Ordinance Note#2 Industrial
and Manufacturing Operations and Note #10 Solar Energy Systems and enact a free-
standing Solar Energy System Ordinance.
Planning Director, Lori Oakley introduced County Planner, Kayla DiCristina to
introduce this TA-03-20 request to the Board of Commissioners.
Ms. DiCristina stated all state statutes and planning ordinance requirements have
been met for this public hearing.
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Ms. DiCristina clarified that Solar would be governed by the free-standing
ordinance. The Planning Ordinance would direct people to where to find information and
references when the text was removed.
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Ms. DiCristina stated there were additional comments from the Airport’s
consultant after the Planning Board meeting; those comments are in the Board’s packet.
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PERSON COUNTY SOLAR REGULATIONS COMPARISON
SES = Solar Energy System
SUP = Special Use Permit
Current Planning Ordinance Regulations (Appendix C Note 2 and Note 10)
- SESs are prohibited in R (Residential) Zoning District.
- SESs are allowed by right (approved at staff level with no public hearing) in all other
Zoning Districts UNLESS within 250’ of a residence measured from solar panel to
wall. If within 250’ of a residence, the SES requires a SUP.
- SESs are required to buffer 50’ with evergreen and deciduous plants between public
roads and residences.
- Decommissioning plan and bond required.
Proposed SES Ordinance
- SESs are divided in to three levels based on the acreage of panels NOT lot size.
Level 1 < ½ acre
Level 2 ½-10 acres
Level 3 > 10 acres
- Level 1 SESs are allowed by right (approved at staff level with no public hearing) in
all Zoning Districts.
- Level 2 SESs are allowed by right (approved at staff level with no public hearing) in
B-1, GI, and RC Zoning Districts. Requires a SUP in R and B-2 Zoning Districts
(SUP has two opportunities for public comment and the BOC may attach conditions
with their approval).
- Level 3 SESs are prohibited in R and B-2 Zoning Districts. Requires a SUP in B-1,
GI, and RC Zoning Districts (SUP has two opportunities for public comment and the
BOC may attach conditions with their approval)
- Setbacks are standard with the model ordinance and other freestanding ordinances in
similar and surrounding counties. Additionally, 50’ is the largest setback currently
required for all structures in the county. Primary structures have setbacks between 8’
and 40’. However, if the structure is on a property in the B-1, B-2, or GI Zoning
Districts that abuts a property zoned R, the setback is 50’.
- Buffers:
Level 1 SESs require no buffer.
Level 2 and 3 SESs match what is required by Planning Ordinance for light
industrial uses. 50’ with evergreen and deciduous plants between public roads
and residences.
o ****For all SES requiring an SUP, the SUP process encourages
community members to ask the BOC for larger requirements on a case by
case basis****
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- Aviation Notification
Comes from model ordinance. Requires documentation sent to appropriate
department confirming there are no impacts to the local airport for SESs
within 5 miles of airport. Standard language.
- Decommissioning plan and bond required.
MAJOR CHANGES
When SESs are allowed by right (approved at staff level with no public hearing) and
when SUP and public comment are required.
KEY TAKEAWAYS
1) Provides more opportunities for public comment than Planning Ordinance
regulations and more opportunities for decision makers to require more intense
conditions on a case-by-case basis rather than overall while still enabling solar
development to be a viable business and property owners to have the option of
applying for SESs on their land.
2) SUP process requires notification of landowners within 500’ of the property,
signage of a zoning proposal, placed on the property for at least two months, and
legal advertisements run in the local newspaper.
Commissioner Sims asked about the decommissioning plan for the half-acre
Level 1 to which Ms. DiCristina stated the intent for Level 1 SES is a smaller, roof-
mounted system on homes, more like an accessory use. Ms. Oakley stated the Level 1
are single-family homeowners noting they did not want to require a bond for that use.
Ms. DiCristina said the Levels 2 and 3, much larger SES where the bond and
decommissioning requirement in the ordinance would protect the County.
Vice Chairman Powell voiced concerns whereby a homeowner disposes the SES
panels on their property may impact adjoining property owners. Ms. DiCristina said that
would be a violation of the Junkyard Ordinance. Ms. Oakley stated as staff have
exempted Level 1 from the decommissioning plan to which the Board may require
decommissioning plans on all three levels or reduce the size of Level 1 to something even
smaller, i.e. rooftop only, Level 2 up to 10-acres on the ground.
Commissioner Puryear asked what two areas are prohibited for Level 3 SES to
which Ms. DiCristina stated (R) Residential and (B-2) Neighborhood Shopping.
Commissioner Sims asked about SES regulations at the Airport. Ms. DiCristina
stated Section 2.5 Aviation states that if within five nautical miles for Level 2 or 3 SES,
language is written that addresses the glare from the panels do not impact the airport.
Level 1 is exempt from this section. Vice Chairman Powell asked Mr. Bill Tougas, FBO
Operator at the Airport if he agreed to which he replied affirmatively.
Commissioner Clayton noted the FAA rules are incorporated into the ordinance.
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Commissioner Clayton asked if a request comes to the county for 300-acres, a
SUP will be required to which Ms. DiCristina stated a public hearing for the SUP will be
required at both the Planning Board and the Board of Commissioners. In addition there
are mailed notices to surrounding property owners for each public hearing, signage and
legal ads. Commissioner Clayton confirmed that the Board of Commissioners could
modify the request or place conditions to which Ms. Oakley stated any such changes in
the request or conditions on the SUP, the applicant has to agree or the Board may deny
the request if it did not meet the findings of fact or be in harmony with the surrounding
area.
Chairman Jeffers asked for the appeal process should the SUP be denied to which
Ms. Oakley said the applicant must wait one-year unless there are significant changes
with the action by the Board of Commissioners final. Commissioner Clayton asked if the
Board of Commissioners desired to modify the SUP request and the applicant does not
agree, what is the appeal process to which County Attorney, Ron Aycock stated he was
not sure there was an appeal to Superior Court.
Commissioner Sims asked how many Level 2 and Level SES are in Person
County to which Ms. DiCristina stated Person County currently has six SES considered a
Level 3 and three that are considered a Level 2. Based on panel acreage the largest SES
currently contains 37 acres.
There were no individuals appearing before the Board to speak in favor of the
request to repeal the existing solar energy system regulations in the Person County
Planning Ordinance Note #2 Industrial and Manufacturing Operations, and Note #10
Solar Energy Systems and enact a freestanding Solar Energy System Ordinance.
Speaking in opposition of the request to repeal the existing solar energy system
regulations in the Person County Planning Ordinance Note #2 Industrial and
Manufacturing Operations, and Note #10 Solar Energy Systems and enact a freestanding
Solar Energy System Ordinance were the following:
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Mr. Paul Lynch of 395 Union Grove Church Road, Hurdle Mills disclosed he has
professional experience with solar projects with the design and installation of equipment
commonly used. Mr. Lynch stated he was not against solar energy however urged the
Board to be careful as there are many serious environmental concerns, economic
concerns that will impact the community particularly with Level 2 and Level 3 scale
projects. Mr. Lynch said there were issues that need to be addressed in the ordinance
under consideration. He noted he did not have time to go into detail, i.e. site
maintenance, onsite energy storage, security, etc. that should be adopted into a land use
ordinance. Mr. Lynch noted he would like to put these concerns in the form of a letter to
the Board or the Planning officials for consideration. He asked if there would be more
public hearings to which Chairman Jeffers said the ordinance could be adopted as
presented or brought back at a later board meeting for public input. Mr. Lynch requested
the Board to not adopt the ordinance as presented; he stated his support of the two-month
extension moratorium.
Mr. Ray Foushee of 8930 Hurdle Mills Road, Hurdle Mills stated his was not
against solar farms or their concept but supported adopting more significant guidelines to
establish in particular to the larger solar farms to help in blending into the community. In
Hurdle Mills, the community consists of woodlands and farm land not larger solar farms.
Mr. Foushee said he respects what land owners would like to do with their property but
opposed any landowner negatively affecting the community. He described a proposed
800-acre solar farm for the Hurdle Mills community that would run 1.8 linear miles down
the Hurdle Mills Road, and at times, on both sides of the roadway. Mr. Foushee stated
his son resides at 8019 Hurdle Mills Road which landed him in the middle of the 800-
acres and could have solar panels on all four sides of his property and within 100 ft. of
this home. Mr. Foushee noted the 800-acres solar farm proposal has rescinded some of
the property down to the current proposal containing 376-acres which would be located
on three sides of his son’s home and within 100 ft. Mr. Foushee further noted he did not
want to prohibit solar farms but to include guidelines to help co-exist in the community.
Mr. Foushee stated the proposed solar ordinance before the Board calls for a decision on
a case by case and asked the Board if they wished to consider each as a case by case or
consider modify the ordinance to take care of some of the cases up front. Mr. Foushee
asked the Board to consider including the following in the ordinance:
Areas currently zoned residential that would have to be rezoned for a solar farm be
restricted to 50-aces or less on any parcel or property,
All solar farms greater than 10-acres, increase the vegetative buffer from 50 ft. to 100
ft., and
All solar farms greater than 10-acres, make the minimum distance between the solar
panels and any residential structure at least 300 ft.
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Mr. Anthony Horton of 7233 Hurdle Mills Road, Hurdle Mills stated he was in
agreement with much of what Ray Foushee stated. He stated support of size limits
especially in the residential area, if the residential area has to be rezoned. Mr. Horton
requested a larger buffer between adjoining properties of at least a minimum of 150 ft.,
which is the standard buffer for landfills. He equated a solar energy system to a landfill
as it harbors toxic chemicals. Mr. Horton said if these chemicals leach into the land, a
larger buffer would help the adjoining properties barring streams and creeks. He asked
who is responsible for cleanup and compensating the landowners for land deemed
inoperable due to leached toxics. He wondered the impact a natural disaster to spread the
panels and its contents on adjacent properties. Mr. Horton asked for a 500 ft. buffer from
houses to protect water sources from leached solar panels. He noted the 376-acres
proposed solar farm is currently in the NC Utilities Commission. Mr. Horton provided
logistic examples of an 800 mega watts would consist of 400,000 solar cells; he
supported regulations as he opined solar farms would not be in harmony with residential
or rural conservation. He asked the Board to delay a vote on the solar ordinance and to
consider limiting the size and scope of the solar energy systems to protect the
surrounding areas.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek Rd., Hurdle Mills asked the Board to
consider putting an industrial facility in a residential area using the example of not letting
Duke put in a landfill for coal ash in a residential agricultural community so why would
solar panels that are large and toxic be allowed. Ms. Gentry said solar has been around
since 1973 and its getting better but to subject the community of Hurdle Mills to the test
to see what this technology yield is a disservice at this time. Hurdle Mills is a rural,
residential community and to consider and industrial process which need to be in an
industrial park or land already zoned for commercial/industrial use.
Mr. Rex Young, Development Attorney with Oakhurst Energy located at 606
Wade Avenue, Suite 102, Raleigh stated he previously submitted comments to the Board
for consideration but wanted to appear before the Board to highlight the following:
o 2017 legislation provided for solar project sizes to increase and for the most
economically competitive projects to be built.
o Streamline the ordinance to reflect changes in the industry to be more straight-
forward for developers and administration of the SUP process.
o Screening requirement of planting or preserving 50’ ft. vegetative buffer adequate
from adjoining landowner.
o Eliminate the requirement to preserve trees by bringing in an arborist or a landscape
architect/designer to sign off on plan.
o Duplicating the regulations already under the purview of the FAA which extend the
development timeline. For Section 2.5 where the proposal ordinance addresses the air
space and the FAA requirements, he recommended taking out entirely as it duplicates
the job of the FAA or to expand that requirement to all types of construction.
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o Decommissioning is enforced through a bond; the ground lease agreement with land
owners requires the site to be restored. The Environmental Management Commission
is currently drafting rules for disposal of solar panels.
o Urged the Board to remove the bond requirement of Section 2.6.
A motion was made by Commissioner Puryear and carried 5-0 to close the
public hearing for a request by the Person County Planning Department staff on behalf of
the Person County Board of Commissioners to repeal the existing solar energy system
regulations in the Person County Planning Ordinance Note #2 Industrial and
Manufacturing Operations, and Note #10 Solar Energy Systems and enact a freestanding
Solar Energy System Ordinance.
CONSIDERATION TO GRANT OR DENY REQUEST BY THE PERSON
COUNTY PLANNING DEPARTMENT STAFF ON BEHALF OF THE PERSON
COUNTY BOARD OF COMMISSIONERS TO REPEAL THE EXISTING
SOLAR ENERGY SYSTEM REGULATIONS IN THE PERSON COUNTY
PLANNING ORDINANCE NOTE #2 INDUSTRIAL AND MANUFACTURING
OPERATIONS AND NOTE #10 SOLAR ENERGY SYSTEMS AND ENACT A
FREESTANDING SOLAR ENERGY SYSTEM ORDINANCE:
A motion was made by Chairman Jeffers and carried 5-0 to table consideration
of this item until the Board’s regular schedule meeting on October 5, 2020 at 7:00pm.
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PUBLIC HEARING:
EXTENSION OF SOLAR ENERGY SYSTEMS DEVELOPMENT APPROVAL
MORATORIUM ORDINANCE FOR A PERIOD OF TWO MONTHS:
A motion was made by Commissioner Powell and carried 5-0 to open the duly
advertised public hearing for an Extension of Solar Energy Systems Development
Approval Moratorium Ordinance for a period of two months.
Planning Director, Lori Oakley presented an Extension of Solar Energy Systems
Development Approval Moratorium Ordinance to further extend the moratorium by a
period of two months (60 days) due to COVID-19 and the County’s Cyber Incident. Ms.
Oakley noted Planning staff desired to have a proposed solar energy systems ordinance
before the Board of Commissioners earlier than this date for consideration but due to
unforeseen circumstances, it was delayed to September. She added the proposed
extension was drafted and reviewed by the County Attorney.
Chairman Jeffers noted the Board’s action to table action on the proposed solar
ordinance until its October 5, 2020 meeting which was 27 days and asked Ms. Oakley
should the extension moratorium ordinance coincide with the October 5th date or should
the Board consider the 60 days. Ms. Oakley recommended the extension period be 60
days as it was advertised that way but confirmed should the Board adopt its ordinance
regulating solar energy systems, the extension moratorium could be rescinded at the date
the ordinance is effective.
Speaking in favor of the Extension of Solar Energy Systems Development
Approval Moratorium Ordinance for a period of two months were the following:
Mr. Paul Lynch of 395 Union Grove Church Road, Hurdle Mills stated support of
the extension of solar energy systems moratorium ordinance for two months.
Ms. Patricia “PJ” Gentry of 541 Byrd Creek, Hurdle Mills stated support of the
extension of solar energy systems moratorium ordinance for two months.
There were no individuals appearing before the Board to speak in opposition to
the Extension of Solar Energy Systems Development Approval Moratorium Ordinance
for a period of two months.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for an Extension of Solar Energy Systems Development Approval Moratorium
Ordinance for a period of two months.
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CONSIDERATION TO GRANT OR DENY REQUEST FOR AN EXTENSION OF
SOLAR ENERGY SYSTEMS DEVELOPMENT APPROVAL MORATORIUM
ORDINANCE:
A motion was made by Chairman Jeffers and carried 5-0 to approve an
Extension of Solar Energy Systems Development Approval Moratorium Ordinance for 60
days.
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INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of August 17, 2020, and
B. Budget Amendment #4
NEW BUSINESS:
REQUEST FOR COUNTY ASSISTANCE FOR RESIDENTIAL WELL ISSUES
AT 24 VICTORIA LANE, ROXBORO:
County Manager, Heidi York stated the Board at its August 3, 2020 meeting
heard from Ms. Anita Banks who requested County assistance for her residential well
issues of very low flow. Ms. York stated Ms. Banks requested assistance from the
County including an extension of a City waterline to her residence at 24 Victoria Lane.
Ms. York noted the County does not provide water, however the County has a long-
standing agreement with the City of Roxboro to partner on extending waterlines. Ms.
York further noted the City was not able to send a representative to the meeting; however
the City has provided a tentative cost estimate for running a waterline although they do
not extend a waterline for a single residence. The tentative cost estimate for running a 6"
water line to the house on Victoria Lane includes installation of 500' of 6" DI water line
along Dee Long Rd and a 60' bore under NC 49 plus engineering and permitting by a
private contractor would be approximately $110,000. There would be water quality issues
due to the distance and limited flow for usage.
Ms. York said the Agreement between the City and County details the process for
extensions. The applicant would have to submit an application to the City Manager. City
Council and the Board of Commissioners would have to approve any such waterline
extension.
Ms. Banks noted her willingness to go through the process. She said her
neighbors who built their home less than a year ago were present in the audience and
experience the same issues. Based upon the size of their lots, Ms. Banks said they do not
have the availability to do more drilling. Ms. Banks stated her neighbors located in the
Landmark North and Landmark South have indicated similar issues noting that of the 17
homes within that neighborhood, 10 have wells produce around two gallons of water per
minute.
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Al & Melissa Salisbury of 68 Victoria Lane said they moved into their house in
March this year. Ms. Salisbury said they drilled their well to 690 ft. with no water,
continued to drill to 1,240 ft. as well as fracked the well with a result of about a gallon
per hour, all costing $26,000.
Commissioner Clayton requested the Health Department staff present at the
meeting to provide their assessment. Environmental Health Director, Harold Kelly told
the group the residents have described the situation accurately. Mr. Kelly stated,
according to the well log, three homes have barely enough water to live off with a half-
dozen homes with less than two gallons per minute.
Vice Chairman Powell asked approximately how many lots are having issues to
which Ms. Banks stated approximately 10-12 with another 10-12 in the Landmark
community.
Chairman Jeffers asked Ms. York if a Water and Sewer Construction Fund
currently exists to which she replied affirmatively. Chairman Jeffers stated in last year’s
budget there was an appropriation of $1M for waterline extension; he asked if any of
those funds be used to which Ms. York stated by action of the Board, those funds could
be used.
Chairman Jeffers asked Ms. York to outline the application process to the City
and County. Ms. York stated an application is made to the City Manager. The City
Manager will make a recommendation to City Council and to the Board of
Commissioners. Ms. York said the City would approve all engineering and contract
documents. The City and County each approves all plans authorizing an extension. No
commitment can be made unless both governing boards by resolution approve the
extension.
Chairman Jeffers recommended to Ms. Banks to complete the application and for
Ms. York to check on the Water Fund and/or Water and Sewer Construction Fund
balances and how to transfer from one fund to another, if needed.
CHAIRMAN’S REPORT:
Chairman Jeffers stated he met with the President and Vice Chair of the new
board for the Woodsdale Volunteer Fire Department (WVFD). He requested to add this
topic to the Board’s October 5, 2020 agenda for a request to appropriate monthly funding.
Chairman Jeffers said currently invoices are brought to the County and the County will
review and pay. He noted some invoices have been paid late and incurred late fees.
Chairman Jeffers said he asked the WVFD board members to provide a budget of the
funding needs for this fiscal year as they pursue recertification. That budget request was
delivered to the Clerk today and he asked the Clerk to share a copy with all the
commissioners. Chairman Jeffers further noted in the adopted budget there was
approximately $99,000 in unspent funds from the fire tax revenue. He stated a
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Memorandum of Understanding would be needed between the County and the WVFD
board to outline any unspent funds would revert to the county.
MANAGER’S REPORT:
County Manager, Heidi York introduced the newly hired Assistant County
Manager, Katherine Cathey. Ms. Cathey’s first day was on August 24, 2020 and she will
oversee the County’s Public Safety, Cultural Arts and Development services.
COMMISSIONER REPORT/COMMENTS:
Commissioner Sims thanked those in the audience for staying for the Board’s
long meeting and thanked the Board of Commissioners for working together on the issues
before them.
Commissioner Clayton urged everyone to be counted in the Census 2020. He
explained how funding was connected to the population. Commissioner Clayton asked if
the Health Department should consider a moratorium on the development in the
subdivision until the water issues are resolved.
Commissioners Puryear and Powell had no report.
ADJOURNMENT:
A motion was made by Commissioner Sims and carried 5-0 to adjourn the
meeting at 9:22pm.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 21, 2020
MEMBERS PRESENT OTHERS PRESENT
B. Ray Jeffers Heidi York, County Manager
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear C. Ronald Aycock, County Attorney
Gordon Powell
C. Derrick Sims
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, September 21, 2020 at 9:00am in the Person County Office
Building Auditorium.
Chairman Jeffers called the meeting to order. Commissioner Clayton offered an
invocation and Chairman Jeffers led the group in the Pledge of Allegiance. County
Attorney, Ron Aycock attended the meeting via telephone conference call.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Jeffers noted an item to add to the agenda for consideration of a Seventh
Amendment to Amended and Restated Agreement for Continued Development, Use and
Operation of Upper Piedmont Regional Landfill.
A motion was made by Chairman Jeffers and carried 5-0 to add to the agenda for
consideration of a Seventh Amendment to Amended and Restated Agreement for
Continued Development, Use and Operation of Upper Piedmont Regional Landfill.
A motion was made by Chairman Jeffers and carried 5-0 to approve the agenda as
adjusted.
INFORMAL COMMENTS:
There were no comments from the public.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Revision to the False Alarm Ordinance,
B. Library Annual State Aid Application for Fiscal Year 2020-2021,
C. Home & Community Care Block Grant Final Reports for Fiscal Year 2019-
2020, and
D. REAL Academy LLC Contract
NEW BUSINESS:
BROADBAND DEPLOYMENT UPDATE:
IT Director, Chris Puryear stated broadband has certainly come to the forefront with
communities during this time of coronavirus, remote learning and teleworking. Mr.
Puryear said Person County has been privileged that the Board of Commissioners
considered broadband a priority for the last few years. Mr. Puryear introduced RiverStreet
Networks Business Development Manager, Mr. Bill Shillito and Vice President Business
Development, Mr. Greg Coltrain to provide the Board with an update regarding their
current deployment of broadband service across Person County and across the state of NC,
as well as their future goals for broadband service expansion.
Mr. Bill Shillito stated he and Mr. Greg Coltrain will illustrate through the
following presentation the extent of their organization since the purchase of NC Wireless
by RiverStreet as they updated the group on their efforts with Person County and other
partners to extend access of broadband.
Mr. Greg Coltrain, a native of Beaufort County said he has been in the broadband
industry for 22 years; he shared the following presentation:
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Mr. Shillito presented the update on the Person County Advanced Network as
follows:
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Chairman Jeffers noted he was sending individuals inquiring about service to the
RiverStreet web site. Mr. Coltrain stated for specific pricing he recommended to use
myriverstreet.com but the join.buildPiedmont.com can be utilized to put in an order and
request service. Mr. Coltrain said if a person enters an address, it will note if interest only
or taking orders.
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Commissioner Clayton stated the PEMC survey is helpful and he encouraged
citizens to participate in the survey. He added the hot spots are a big deal during the
pandemic. Commissioner Clayton thanked the Board, past and present members, for
working together as well as Person County IT taking on broadband projects.
Mr. Shillito said they are leasing space on a tower at Oak Point that is owned by
American Tower near Hyco Lake. Once online, it will expand the coverage area by 40%
in the northwest section of Person County. Additionally, Mr. Shillito noted a new location
identified in southeastern Person County on property owned by Joey Whitt, which requires
construction of a new tower. RiverStreet is currently working with Person County to
complete the appropriate approvals and permits. Once constructed and equipped,
RiverStreet projects an increase in the coverage area adjacent to Mt. Tirzah by at least 50%.
The completion timeline is mid-2021.
Mr. Shillito further noted they are taking data to determine where to build mini
access points (60 ft. pole) that can service as few as 15-20 people.
Mr. Coltrain stated they deal with a lot of counties across NC and VA and pleased
with the progressive nature of Person County. Mr. Coltrain said RiverStreet brings on
stakeholders that can ensure the successfulness of any project. RiverStreet has vetted a new
business entity called the Rural Broadband Network, for which they are partners with state-
wide Electric Association to use joined assets to reduce overall overhead costs to get to
some of the hard to reach rural areas. He added several electric coops across the state have
built fiber to their substations with Piedmont Electric being one of those. Currently they
are in process of establishing a new WiFi Hotspot for students in conjunction with
Piedmont Electric Membership Corporation located at 1125 Oxford Road, Roxboro. Mr.
Coltrain stated this only presents greater opportunities for Person County as well as
neighboring counties.
County Manager, Heidi York reminded the group of the negotiations for a new
contract with Republic Services included three monopoles to be installed on the landfill
footprint to further provide access in the Mt. Tirzah area. She noted the state has approved
the new permit for the landfill and the County is ready to begin the process for those
monopoles. Mr. Shillito stated they would need the geo-locations and welcomed the
opportunity to deploy equipment to reach more residents.
Vice Chairman Powell stated support of closing the gap of fiber connectivity into
Virginia for regional economic development opportunities to which Mr. Coltrain stated
they would like to further discuss with the goal to connect the two networks for redundancy
purposes.
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UPDATE TO THE COMPREHENSIVE LAND USE PLAN FOR PERSON
COUNTY AND THE CITY OF ROXBORO:
Planning Director, Lori Oakley stated earlier this year the County and the City
started updating the Comprehensive Land Use Plan. Ms. Oakley introduced Mr. Jason
Epley, President of Benchmark, the planning consultant who will provide an update on the
progress made to date on the Comprehensive Land Use Plan to the Board of
Commissioners for Person County and the City of Roxboro. Ms. Oakley said the Roxboro
City Council received this same update a few weeks ago.
Mr. Jason Epley stated the purpose of the Comprehensive Land Use Plan is to
review the entire county jurisdiction including the City of Roxboro for land use,
development, capital investment and gross management decisions. Mr. Epley noted the
Plan will have a shared vision between the County and the City for planned growth with
some overlap of strategies for both jurisdictions as well as tailored specifics for each entity.
Mr. Epley shared the following presentation for his update:
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92
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93
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95
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96
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97
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98
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99
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100
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101
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102
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103
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Mr. Epley announced the following upcoming panels are being planned:
Economic Development Panel with local speakers informing the group of economic
development trends and misinformation, data input with a Q&A time held on
October 27, 2020 held in the City Council Chambers,
Agricultural and Natural Resources Panel with farmers on November 19, 2020, and
Growth and Development Panel on December 1, 2020.
Mr. Epley urged the group to visit the project web site and to watch video
presentations.
Vice Chairman Powell stated the committee is looking at a ten-year plan and
beyond.
REQUEST FOR SUPPORT OF THE TRIANGLE TRAILS INITIATIVE:
Commissioner Clayton presented a Resolution of Support for the Triangle Trails
Initiative to gage the interest of his fellow commissioners. Commissioner Clayton noted
the initiative is led by Wake County Commissioner Sig Hutchinson and Chuck Flink,
President/Owner of Greenways Incorporated that seeks to connect communities through a
network of trails and greenways by using old railroad corridors to enhance quality of life
activities, i.e., walking trails, biking trails. Commissioner Clayton further noted they are
not asking for any financial contributions from any county but are fund raising from private
sources as well as grant opportunities.
Chairman Jeffers stated that he, Commissioner Clayton, Dr. Claudia Berryhill and
others met with this group. He asked the Board if they were interested in hearing a
presentation to the Board at a future meeting; following the presentation the Board can
decide if a Resolution of Support is appropriate.
Commissioner Clayton pointed out that a dedicated corridor such as this project
may count toward a credit for storm water projects.
Commissioner Sims stated interest in hearing a presentation on this topic. He added
the railroads have grown over with trees and was interested in those being cleaned up for
walking trails for an opportunity for citizens to use.
It was the consensus of the Board to request a presentation at a future meeting.
Commissioner Clayton requested staff input related to any affect with storm water rules
and/or if eligible credits would apply.
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PROPOSED OPEN BURNING ORDINANCE:
Keith Duncan, Person County Fire Marshal proposed an Open Burning Ordinance
to the Board for consideration to adopt that would allow for enforcement of state laws and
NC Fire Code for illegal burning as well as the ability to assess penalties for violations.
Enforcement of such violations are authorized to the Fire Marshal and the Sheriff. Mr.
Duncan stated he would only assess fines as a last resort as his intent was to educate the
community.
Mr. Duncan noted problems arising from open burning can and have caused
damage in our county. Burning trash in a barrel is an example of an open burning that has
been illegal since 1972. There have been times where out of control burning has damaged
or destroyed property, structures, and caused injuries to citizens and firefighters. Chairman
Jeffers added this was something he hears that is needed from the Volunteer Fire Chiefs as
they use resources at fires that are started with an illegal burn.
Commissioner Puryear asked how many complaints were made in the last year to
which was unknown by Mr. Duncan as the new Fire Marshal in Person County. Chairman
Jeffers stated Forestry is aware of illegal burning however, they have no power to enforce.
When asked about burn permits, Mr. Duncan said Forestry follows state guidelines to issue
burn permits noting illegal burn materials should be disposed of in the landfill.
Commissioner Puryear asked if this ordinance was necessary noting he had not received
any complaints.
A motion was made by Commissioner Clayton and failed 2-3 to adopt an Open
Burning Ordinance. Commissioner Clayton and Chairman Jeffers voted in favor of the
motion. Vice Chairman Powell and Commissioners Puryear and Sims voted against the
motion.
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SUBMISSION OF LEGISLATIVE GOALS FOR NC ASSOCIATION OF COUNTY
COMMISSIONERS:
County Manager, Heidi York stated every two years, counties are invited to submit
proposals to the North Carolina Association of County Commissioners (NCACC) for
legislative goals that the Association should seek in the best interest of all 100 counties.
The NCACC goals-setting process begins in August of each even-numbered year and
consists of five stages, beginning with the solicitation of proposals from counties, and
ending with the adoption of the legislative agenda at the Legislative Goals Conference. Ms.
York noted proposed goals for the 2021-2022 legislative session must be received by the
Association on or before September 30th. The proposals are then sent through steering
committees, a legislative goals committee and onto the NCACC Board of Directors before
being adopted in January at the Legislative Goals Conference. Ms. York asked the Board
if there are any specific legislative goals desired for submission to the NCACC noting
Person County, in the past, submitted goals for increased broadband access, which was
adopted by the NCACC as a top priority.
Chairman Jeffers stated the Association’s top priority has been and continues to be
broadband for all 100 counties; he said Person County is often highlighted for its efforts
towards increasing access to broadband.
Vice Chairman Powell stated support to submit a goal that rewards counties, such
as Person County who has invested independently without state funding in broadband to
receive priority in grant funding.
County Attorney, Ron Aycock said he was a member of an ad hoc subcommittee
working with the telecommunications industry in proposing legislation that could be agreed
upon by all parties to advance the access of broadband.
Commissioner Puryear stated support to submit a local bill as well as a legislative
goal for the ability to post public notices electronically.
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CONSIDERATION TO CANCEL THE OCTOBER 19, 2020 REGULAR
SCHEDULED BOARD MEETING:
County Manager, Heidi York requested the Board’s consideration to cancel its
regular scheduled meeting on October 19, 2020 due to the Person County Office Building
Auditorium is a One-Stop Early Voting site from October 15-31, 2020. Ms. York stated
the Auditorium was not available for the Board of Commissioners to conduct its regular
scheduled meeting.
A motion was made by Vice Chairman Powell and carried 5-0 to cancel the Board
regular scheduled meeting on October 19, 2020.
APPOINTMENTS TO BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves presented interested citizen applications to the
Board for consideration of appointment as deemed appropriate on the following boards,
commissions, authorities, and committees.
The Person County Board of Commissioners solicited volunteers to fill positions
on the following boards, commissions, authorities, and committees through advertisement
in the Courier-Times edition dated August 27, 2020 with notice to submit applications by
the deadline of noon September 15, 2020.
- Economic Development Commission
Unexpired Term to 6/30/22; 1 position available for a citizen
1) Elizabeth Bradsher requested appointment
2) Larry Cole requested appointment
3) Michael Wilkins requested appointment
4) David Ziolkowski requested appointment
A motion was made by Commissioner Sims and carried 5-0 to schedule the
informal interview process with the applicants of the Economic Development Commission
on October 5, 2020 starting at 6:30pm.
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- Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position available for a citizen under the age of 18 serving on the State Youth
Council – no applications
Up to 4 positions for citizens at-large
Vaxaeadrene A. Allen requested appointment for a 2-year term
1 unexpired citizen at-large term to 6/30/21,
Neya Garcia (student) requested appointment
Madison Daly (Health Dept. designee) requested appointment replacing Chiletta
Collins who is no longer with the Health Dept. for an unexpired term to 6/30/21
Laura Jensen (County Manager’s designee) for a 2-year term
1 position for a representative of United Way
Kelly Foti requested reappointment for a 2-year term
A motion was made by Chairman Jeffers and carried 5-0 to appoint Vaxaeadrene
A. Allen (citizen representative) for a 2-year term, Neya Garcia to fulfill an unexpired
citizen representative term to June 30, 2021, Madison Daly (Health Dept. designee) to
fulfill an unexpired term to June 30, 2021, Laura Jensen (County Manager’s designee) for
a 2-year term, and Kelly Foti (United Way representative) for a 2-year term to the Juvenile
Crime Prevention Council.
- Piedmont Community College Board of Trustees
4-Year Term: 1 position available
Joel B. Adler requested appointment
A motion was made by Commissioner Sims and carried 5-0 to appoint Joel Adler
to the Piedmont Community College Board of Trustees for a 4-year term.
- Transportation Advisory Board
3-Year Term; 1 position for a citizen at-large
Froncello Bumpass requested appointment
A motion was made by Vice Chairman Powell and carried 5-0 to appoint Froncello
Bumpass to the Transportation Advisory Board for a 3-year term.
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SEVENTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR
CONTINUED DEVELOPMENT, USE AND OPERATION OF THE UPPER
PIEDMONT REGIONAL LANDFILL:
County Manager, Heidi York presented to the Board a Seventh Amendment to the
Agreement with Republic Services of North Carolina, LLC for Continued Development,
Use and Operation of the Upper Piedmont Regional Landfill, which continues and extends
the Agreement through November 30, 2020. Ms. York announced that Republic has
secured the necessary state approval for their new permit with the agreed upon provisions
in their new contract, however, there is a 60-day period from September 3, 2020 for
appeals. There is no indication that there will be an appeal, but this Amendment will allow
for that contingency. Ms. York stated the new contract will then take effect on December
1, 2020 at which time the provisions will go into effect for county residents to dump for
free at the landfill as well as a county-wide anti-littering initiative.
A motion was made by Commissioner Puryear and carried 5-0 to adopt the
Seventh Amendment to the Amended and Restated Agreement for Continued
Development, Use and Operation of the Upper Piedmont Regional Land, which will extend
the current Agreement through November 30, 2020.
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CHAIRMAN’S REPORT:
Chairman Jeffers had no report.
MANAGER’S REPORT:
County Manager, Heidi York announced an Economic Development Commission
(EDC) meeting on September 22, 2020 at 4:00pm in the Person County Office Building
Auditorium to allow social distancing.
COMMISSIONER REPORT/COMMENTS:
There were no reports from Commissioners Powell, Clayton, Puryear and Sims.
RECESS:
A motion was made by Commissioner Sims and carried 5-0 to recess the meeting
at 10:26am until October 5, 2020 at 6:30pm.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date: October 5, 2020
Agenda Title: Tax Adjustments for October 2020
Summary of Information: Attached please find the tax releases and motor vehicle pending
refunds:
1. October 2020 tax releases.
2.October 2020 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
122
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
54002201 2018-40303 DY: PERSONAL PROPERTY SRJ 8/5/2020 11:09:55 AM
PERRY ANTHONY BRYAN JR
C ADVLTAX 3,955.00 -15.80
C PEN FEE 3,955.00 -1.58
FIREADVLTAX 3,955.00 -0.22
FIREPEN FEE 3,955.00 -0.04
TOTAL RELEASES:-17.64
65485301 2019-7756 DY: RP:A83 55 SRJ 8/17/2020 3:31:51 PM
HILL KATHLEEN C
LIEN FEE ADJUSTMENT C GARNFEE 0.00 27.34
TOTAL RELEASES:27.34
201950266200 2019-502662 DY:18 PERSONAL PROPERTY MP 8/24/2020 4:48:56 PM
FULLER RODERICK JR
DOUBLE CHARGED C ADVLTAX 8,210.00 71.84
DOUBLE CHARGED FIREADVLTAX 8,210.00 1.03
VEHICLE IN GERMANY - MILITARY TOTAL RELEASES:72.87
90010301 2019-200617 DY:19RP:20 13 MP 9/3/2020 2:11:02 PM
STEWART LILLIE ESTATE
C ABATFEE 0.00 250.00
TOTAL RELEASES:250.00
13699101 2020-200627 DY:20 PERSONAL PROPERTY RH 9/9/2020 2:42:11 PM
LJ MARTIN & SONS INC
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 29,900.00 215.28
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 29,900.00 86.11
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 29,900.00 8.22
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 29,900.00 3.29
RELEASE AND REBILL FOR CORRECT YR-
SHOULD BE DISC F17
TOTAL RELEASES:312.90
69455201 2020-37498 DY: PERSONAL PROPERTY MP 9/9/2020 4:50:23 PM
DELGADO ADELO CASTELLO
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 32,472.00 233.80
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 32,472.00 23.38
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 32,472.00 217.56
LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 32,472.00 21.76
WRONG OWNER - BILLED 2020-200636 TOTAL RELEASES:496.50
45167117 2020-38676 DY: PERSONAL PROPERTY RH 9/10/2020 10:22:05 AM
FUN & GAMES ROXBORO
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 8,574.00 61.73
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 8,574.00 6.17
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 8,574.00 57.45
LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 8,574.00 5.74
RECD LISTING FORM 9/10-ADJ VALU TOTAL RELEASES:131.09
69942301 2020-5692 DY:0RP:A79 156 MP 9/10/2020 11:02:00 AM
JOHNSON JAMES HENRY III
EXEMPTION ADDED C ADVLTAX 199,828.00 1,438.76
EXEMPTION ADDED FIREADVLTAX 199,828.00 54.95
ELD EXMP REMAINS FOR 2020 - PROPERTY
SOLD 7/6/2020
TOTAL RELEASES:1,493.71
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
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NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
20080301 2020-19406 DY: RP:A28 163 MP 9/14/2020 9:21:33 AM
PETTIFORD DANNY LEO
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 6,430.00 46.30
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 6,430.00 1.77
VEHICLES ARE TAGGED TOTAL RELEASES:48.07
5351302 2020-21377 DY: PERSONAL PROPERTY MP 9/14/2020 10:20:08 AM
DAY BERNARD
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 19,818.00 142.69
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 19,818.00 5.45
DWMH REAL F/2020 TOTAL RELEASES:148.14
36323303 2020-3876 DY:0RP:A73 92 RH 9/14/2020 11:32:51 AM
CHAMBERLAIN MALCOM L
APPRAISER ADJUSTED BUILDING C ADVLTAX 24,606.00 177.16
APPRAISER ADJUSTED BUILDING FIREADVLTAX 24,606.00 6.77
ADJ OFBS F2020 TOTAL RELEASES:183.93
51971301 2020-26436 DY: RP:A81 135 MP 9/14/2020 11:39:01 AM
GAYADEEN MAHINDRA WAYNE
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 62,198.00 447.83
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 62,198.00 44.79
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 62,198.00 17.10
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 62,198.00 1.71
TYPO IN CONDITION FACTOR TOTAL RELEASES:511.43
53680301 2020-23469 DY: RP:A63 231 MP 9/14/2020 1:29:29 PM
LEONARD MITCHELL C
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 26,150.00 188.28
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 26,150.00 7.19
2018 GODFREY LISTED IN WARREN
COUNTY FOR 2020 - WILL BE IN PERSON
FOR 2021
TOTAL RELEASES:195.47
69521201 2020-38746 DY: PERSONAL PROPERTY MP 9/14/2020 1:44:51 PM
PITTAWAY LEE
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 1,618.00 11.65
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 1,618.00 1.17
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 1,618.00 0.44
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 1,618.00 0.04
BOAT SOLD TOTAL RELEASES:13.30
202050589400 2020-505894 DY:20 PERSONAL PROPERTY MP 9/14/2020 2:24:01 PM
WATSON JEAN LEE
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 8,700.00 104.40
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 8,700.00 97.15
VEHICLE REGISTERED IN MICHIGAN TOTAL RELEASES:201.55
6653302 2020-1922 DY:0RP:A25 10 RH 9/14/2020 3:02:59 PM
CLAYTON JOHN WAYNE
APPRAISER ADJUSTED LAND C ADVLTAX 16,100.00 115.92
APPRAISER ADJUSTED LAND SW30FFEEFEE 16,100.00 6.00
APPRAISER ADJUSTED LAND FIREADVLTAX 16,100.00 4.43
TOTAL RELEASES:126.35
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
124
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
65775201 2020-38853 DY: PERSONAL PROPERTY RH 9/14/2020 4:00:39 PM
PFUND SALLY JO
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 8,547.00 61.54
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 8,547.00 2.35
DOUBLE BILLED SEE REC 1401 TOTAL RELEASES:63.89
24984301 2020-17445 DY: RP:A62 151 P MP 9/14/2020 4:18:15 PM
CHAMBERS ROBERT
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 50,145.00 361.04
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 50,145.00 13.79
LISTED AS REAL PROPERTY A62 151
F/2020
TOTAL RELEASES:374.83
4371301 2020-19441 DY:0RP:A57 89 MP 9/15/2020 9:56:54 AM
SHOTWELL JERRY E LIFE ESTATE
EXEMPTION ADDED FIREADVLTAX 24,896.00 6.85
EXEMPTION ADDED C ADVLTAX 24,896.00 179.25
EXEMPTION ADDED SW30FFEEFEE 24,896.00 6.00
SR EXEMP ADDED TOTAL RELEASES:192.10
4371301 2020-19441 DY:0RP:A57 89 MP 9/15/2020 9:59:26 AM
SHOTWELL JERRY E LIFE ESTATE
SW30FFEEFEE 24,896.00 -6.00
FIREADVLTAX 24,896.00 -6.85
C ADVLTAX 24,896.00 -179.25
TOTAL RELEASES:-192.10
7420301 2020-11584 DY:0RP:18 53 RH 9/15/2020 10:14:35 AM
HUFF GERALD
APPRAISER ADJUSTED BUILDING C ADVLTAX 21,221.00 152.79
APPRAISER ADJUSTED BUILDING CI50ADVLTAX 21,221.00 142.18
HOUSE TORN DOWN TOTAL RELEASES:294.97
4371301 2020-19441 DY:0RP:A57 89 SRJ 9/15/2020 10:26:15 AM
SHOTWELL JERRY E LIFE ESTATE
EXEMPTION ADDED FIREADVLTAX 24,896.00 6.85
EXEMPTION ADDED C ADVLTAX 24,896.00 179.25
TOTAL RELEASES:186.10
6514302 2020-2638 DY:0RP:A91 76 RH 9/15/2020 3:14:40 PM
LONG MELVIN R ESTATE & OTHERS
APPRAISER ADJUSTED LAND C ADVLTAX 13,000.00 93.60
APPRAISER ADJUSTED LAND SW30FFEEFEE 13,000.00 6.00
APPRAISER ADJUSTED LAND FIREADVLTAX 13,000.00 3.58
PARCEL RETIRED F20 RELEASE BILL TOTAL RELEASES:103.18
64517101 2020-33245 DY: PERSONAL PROPERTY RH 9/15/2020 3:55:40 PM
MORGAN CORP
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 11,525.00 82.98
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 11,525.00 3.17
DEL INV F20 TOTAL RELEASES:86.15
65520101 2020-33461 DY: PERSONAL PROPERTY RH 9/15/2020 4:08:31 PM
SPRING COMMUNICATIONS HOLDING
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 20,704.00 149.07
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 20,704.00 14.91
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 20,704.00 138.72
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
125
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 20,704.00 13.87
DUP BILL NEW NAME SEE REC 38813 TOTAL RELEASES:316.57
27438301 2020-22567 DY: PERSONAL PROPERTY MP 9/16/2020 2:12:46 PM
DUKE LARRY DEAN
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 42,943.00 309.19
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 42,943.00 11.81
SOLD IN 2019 REC 4182 TOTAL RELEASES:321.00
66289101 2020-33561 DY: PERSONAL PROPERTY RH 9/18/2020 1:00:48 PM
CIT BANK NA
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 1,629.00 11.73
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 1,629.00 10.91
CORRT YR EQUIP TOTAL RELEASES:22.64
66289101 2020-38466 DY: PERSONAL PROPERTY RH 9/18/2020 1:08:58 PM
CIT BANK NA
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 28,872.00 207.88
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 28,872.00 193.44
MOVE EQUIP TO REC 33561 TOTAL RELEASES:401.32
66413102 2020-14840 DY:0RP:60 11 1 RH 9/18/2020 4:51:50 PM
SAP PROPERTIES LLC
APPRAISER ADJUSTED BUILDING C ADVLTAX 28,192.00 202.98
APPRAISER ADJUSTED BUILDING FIREADVLTAX 28,192.00 7.75
HOUSE FIRE-DELETE HOME VAL TOTAL RELEASES:210.73
62242201 2020-38330 DY: PERSONAL PROPERTY MP 9/21/2020 1:51:59 PM
TERRY THOMAS BRADLEY
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 5,070.00 36.50
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 5,070.00 3.65
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 5,070.00 1.39
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 5,070.00 0.14
BOAT SOLD 4/21/2019 TOTAL RELEASES:41.68
69704101 2020-200680 DY:20 PERSONAL PROPERTY RH 9/24/2020 8:50:49 AM
CLICKLEASE
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 95.00 0.68
LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 95.00 0.64
CORRECT VALUE TOTAL RELEASES:1.32
69645301 2020-1899 DY: RP:A14A 22 RH 9/25/2020 10:54:06 AM
TRUONG KHOI DANG
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 49,504.00 356.43
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 49,504.00 13.61
RELEASE DUP BILL PER PROP REC#38832 TOTAL RELEASES:370.04
69488201 2020-38724 DY: PERSONAL PROPERTY RH 9/25/2020 1:41:26 PM
HATCHEL DAVID LEE
LISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 9,861.00 71.00
LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 9,861.00 7.10
LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 9,861.00 2.71
LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 9,861.00 0.27
BILLED IN ALAMANCE COUNTY TOTAL RELEASES:81.08
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
126
NAME BILL NUMBER OPER DATE/TIME DISTRICT VALUE AMOUNT
17224302 2020-9750 DY:0RP:A43 94 MP 9/25/2020 3:52:24 PM
MOORE BARBARA A
EXEMPTION ADDED C ADVLTAX 57,859.00 416.58
EXEMPTION ADDED FIREADVLTAX 57,859.00 15.91
ADDED EXEMPTION TOTAL RELEASES:432.49
NET RELEASES PRINTED:7,503.00
TOTAL TAXES RELEASED 7,503.00
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
127
C ABATFEE - ABATEMENT FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2019 2019 0 0 0 250.00 0.00 0 0.00 0 250.00
DIST TOTAL 0 0 0 250.00 0.00 0 0.00 0 250.00
C ADVLTAX - County Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 -3,955 -3,955 0.00 -15.80 0 0.00 -3,955 -15.80
2019 2018 0 8,210 8,210 0.00 71.84 0 0.00 8,210 71.84
2020 2020 385,702 424,755 810,457 2,777.04 3,100.00 0 0.00 810,457 5,877.04
DIST TOTAL 385,702 429,010 814,712 2,777.04 3,156.04 0 0.00 814,712 5,933.08
C GARNFEE - GARNISHMENT FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2019 2019 0 0 0 27.34 0.00 0 0.00 0 27.34
DIST TOTAL 0 0 0 27.34 0.00 0 0.00 0 27.34
C PEN FEE - County Late List
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 -3,955 -3,955 0.00 -1.58 0 0.00 -3,955 -1.58
2020 2020 0 170,397 170,397 0.00 187.28 0 0.00 170,397 187.28
DIST TOTAL 0 166,442 166,442 0.00 185.70 0 0.00 166,442 185.70
CI50ADVLTAX - City of Roxboro
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2020 2020 21,221 101,046 122,267 142.18 715.87 0 0.00 122,267 858.05
DIST TOTAL 21,221 101,046 122,267 142.18 715.87 0 0.00 122,267 858.05
CI50PEN FEE - CI50PEN FEE
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2020 2020 0 61,750 61,750 0.00 41.37 0 0.00 61,750 41.37
DIST TOTAL 0 61,750 61,750 0.00 41.37 0 0.00 61,750 41.37
FIREADVLTAX - Fire District Tax
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 -3,955 -3,955 0.00 -0.22 0 0.00 -3,955 -0.22
2019 2018 0 8,210 8,210 0.00 1.03 0 0.00 8,210 1.03
2020 2020 364,481 323,709 688,190 100.24 89.00 0 0.00 688,190 189.24
DIST TOTAL 364,481 327,964 692,445 100.24 89.81 0 0.00 692,445 190.05
FIREPEN FEE - Fire LateList
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2018 2018 0 -3,955 -3,955 0.00 -0.04 0 0.00 -3,955 -0.04
2020 2020 0 108,647 108,647 0.00 5.45 0 0.00 108,647 5.45
DIST TOTAL 0 104,692 104,692 0.00 5.41 0 0.00 104,692 5.41
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
128
SW30FFEEFEE - Stormwater
TAX
YEAR
RATE
YEAR
REAL VALUE
RELEASED
PERS VALUE
RELEASED
TOTAL VALUE
RELEASED
REAL TAX
RELEASED
PERS TAX
RELEASED
MV VALUE
RELEASED
MV TAXES
RELEASED
TOTAL VALUE
RELEASED
TOTAL TAXES
RELEASED
2020 2020 29,100 0 29,100 12.00 0.00 0 0.00 29,100 12.00
DIST TOTAL 29,100 0 29,100 12.00 0.00 0 0.00 29,100 12.00
GRAND TOTALS:800,504 1,190,904 1,991,408 3,308.80 4,194.20 0 0.00 1,991,408 7,503.00
RUN DATE: 9/28/2020 11:00 AM RELEASES REPORT
Person County
129
Payee Name Address 3 Refund Type Refund
Reason
Create Date Tax Jurisdiction Levy Type Total Change
01 Tax ($10.11)
60 Tax ($0.38)
$10.49
01 Tax ($4.44)
50 Tax ($4.07)
50 Vehicle Fee $0.00
$8.51
01 Tax ($137.52)
60 Tax ($5.18)
$142.70
01 Tax ($93.48)
50 Tax ($85.80)
50 Vehicle Fee $0.00
$179.28
01 Tax ($29.71)
50 Tax ($27.27)
50 Vehicle Fee $0.00
$56.98
01 Tax ($70.13)
60 Tax ($2.64)
$72.77
01 Tax ($16.42)
60 Tax ($0.63)
$17.05
01 Tax ($10.86)
50 Tax ($9.97)
50 Vehicle Fee $0.00
$20.83
01 Tax ($2.70)
50 Tax ($2.51)
50 Vehicle Fee $0.00
$5.21
01 Tax ($2.19)
60 Tax ($0.08)
$2.27
CLAYTON, ALFRED BRUCE HURDLE MILLS, NC 27541 Adjustment <
$100
Adjustment 08/24/2020
CHAVIS, DAVID CLARENCE ROXBORO, NC 27573 Proration Vehicle Sold 09/15/2020
CHAVIS, DAVID CLARENCE ROXBORO, NC 27573 Proration Vehicle Sold 09/15/2020
CASSIDY, CHARLES FRANKLIN TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/15/2020
BURNETT, NICOLE MARIE TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/22/2020
BRANDON, EDWARD HARRELL ROXBORO, NC 27573 Proration Reg . Out of
state
09/14/2020
BRANDON, EDWARD HARRELL ROXBORO, NC 27573 Proration Reg . Out of
state
09/14/2020
BOWES, JAMES BEAM ROXBORO, NC 27573 Proration Vehicle Sold 09/09/2020
BLALOCK, RANDALL LEE ROXBORO, NC 27573 Proration Vehicle Sold 09/08/2020
Vehicle
Totalled
09/22/2020 ROXBORO, NC 27574 ProrationADAMS, PAUL JOHN
130
Payee Name Address 3 Refund Type Refund
Reason
Create Date Tax Jurisdiction Levy Type Total Change
01 Tax ($59.89)
60 Tax ($2.26)
$62.15
01 Tax ($27.50)
60 Tax ($1.03)
$28.53
01 Tax ($3.26)
60 Tax ($0.12)
$3.38
01 Tax ($9.00)
60 Tax ($0.34)
$9.34
01 Tax ($8.80)
60 Tax ($0.13)
$8.93
01 Tax ($16.47)
60 Tax ($0.62)
$17.09
01 Tax ($25.57)
60 Tax ($0.96)
$26.53
01 Tax ($38.36)
60 Tax ($1.44)
$39.80
01 Tax ($76.35)
60 Tax ($2.87)
$79.22
01 Tax ($78.53)
60 Tax ($2.96)
$81.49
01 Tax ($74.77)
60 Tax ($2.82)
$77.59
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/02/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/11/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/02/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
FIRST CHOIC LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
DAYE, WILLIE PALMER ROXBORO, NC 27574 Proration Vehicle Sold 08/17/2020
DAWSON, DUDLEY ATHEY ROXBORO, NC 27573 Proration Vehicle Sold 09/01/2020
CRANE, MATTHEW DONALD ROXBORO, NC 27574 Proration Vehicle Sold 09/04/2020
131
Payee Name Address 3 Refund Type Refund
Reason
Create Date Tax Jurisdiction Levy Type Total Change
01 Tax ($74.77)
60 Tax ($2.82)
$77.59
01 Tax ($74.77)
60 Tax ($2.82)
$77.59
01 Tax ($89.72)
60 Tax ($3.38)
$93.10
01 Tax ($2.37)
60 Tax ($0.09)
$2.46
01 Tax ($2.37)
60 Tax ($0.09)
$2.46
01 Tax ($73.63)
60 Tax ($2.77)
$76.40
01 Tax ($5.33)
60 Tax ($0.20)
$5.53
01 Tax ($3.89)
60 Tax ($0.15)
$4.04
01 Tax ($37.99)
60 Tax ($1.43)
$39.42
01 Tax ($60.76)
60 Tax ($2.29)
$63.05
01 Tax ($95.21)
60 Tax ($3.58)
$98.79
MAKOWSKE, TODD HOWARD ROXBORO, NC 27574 Proration Vehicle
Totalled
09/01/2020
JOHNSON, JONATHAN MATTHEW ROXBORO, NC 27574 Proration Vehicle
Totalled
09/25/2020
HOWELL, SCHOENECK KIMSEY ROXBORO, NC 27574 Proration Vehicle Sold 08/17/2020
HAWKINS, STEVEN SCOTT ROXBORO, NC 27574 Proration Vehicle Sold 09/15/2020
HAWKINS, STEVEN SCOTT ROXBORO, NC 27574 Proration Vehicle Sold 09/15/2020
FULL CIRCLE SOLUTIONS INC. BATTLEBORO, NC 27809 Proration Vehicle Sold 09/01/2020
FULL CIRCLE SOLUTIONS INC BATTLEBORO, NC 27809 Proration Vehicle Sold 09/01/2020
FULL CIRCLE SOLUTIONS INC BATTLEBORO, NC 27809 Proration Vehicle Sold 09/01/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
FIRST CHOICE LEASING DURHAM, NC 27717 Proration Vehicle Sold 09/15/2020
132
Payee Name Address 3 Refund Type Refund
Reason
Create Date Tax Jurisdiction Levy Type Total Change
01 Tax ($25.23)
60 Tax ($0.95)
$26.18
01 Tax ($23.21)
60 Tax ($0.87)
$24.08
01 Tax ($8.30)
60 Tax ($0.31)
$8.61
01 Tax ($12.04)
60 Tax ($0.45)
$12.49
01 Tax ($38.81)
50 Tax ($35.62)
50 Vehicle Fee $0.00
$74.43
01 Tax ($79.16)
60 Tax ($3.02)
$82.18
01 Tax ($238.64)
60 Tax ($8.99)
$247.63
01 Tax ($139.66)
60 Tax ($5.26)
$144.92
01 Tax ($13.82)
50 Tax ($12.86)
$26.68
01 Tax ($52.62)
60 Tax ($1.98)
$54.60
01 Tax ($110.48)
60 Tax ($4.16)
$114.64
OWEN, DAVID SCOTT ROXBORO, NC 27574 Proration Vehicle Sold 09/15/2020
OVERBY, BRITTANY DAWN TIMBERLAKE, NC 27583 Proration Vehicle
Totalled
08/07/2020
OVERBEY, JUNE ANNE ROXBORO, NC 27573 Adjustment <
$100
Over
Assessment
08/21/2020
OLD NORTH STATE LAWN
MAINTENANCE INC
ROXBORO, NC 27574 Proration Vehicle Sold 09/14/2020
O'BRIANT CONSTRUCTION ROXBORO, NC 27573 Proration Vehicle Sold 09/03/2020
NAKAMURA, SAKURA ROUGEMONT, NC 27572 Proration Tag Surrender 08/19/2020
MOORE, EVELYN RICE ROXBORO, NC 27573 Proration Vehicle Sold 09/14/2020
MILLER, HERBERT CARL JR ROXBORO, NC 27574 Proration Vehicle Sold 08/21/2020
MELTON, JUSTIN MILES TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/02/2020
MCFALLS, BETSY HUMPHRIES ROXBORO, NC 27574 Proration Vehicle Sold 08/18/2020
MANGUM, DENNIS DUNCAN SR ROXBORO, NC 27574 Proration Vehicle Sold 09/15/2020
133
Payee Name Address 3 Refund Type Refund
Reason
Create Date Tax Jurisdiction Levy Type Total Change
01 Tax ($19.61)
60 Tax ($0.74)
$20.35
01 Tax ($23.65)
60 Tax ($0.89)
$24.54
01 Tax ($16.30)
60 Tax ($0.62)
$16.92
01 Tax ($72.94)
60 Tax ($2.75)
$75.69
01 Tax ($73.97)
60 Tax ($2.78)
$76.75
01 Tax ($53.41)
60 Tax ($2.01)
$55.42
01 Tax ($22.70)
60 Tax ($0.86)
$23.56
01 Tax ($13.74)
60 Tax ($0.52)
$14.26
01 Tax ($13.72)
60 Tax ($0.52)
$14.24
01 Tax ($4.97)
60 Tax ($0.19)
$5.16
01 Tax ($3.16)
60 Tax ($0.12)
$3.28
WOMACK, REGINALD ALONZO ROXBORO, NC 27574 Proration Vehicle Sold 08/31/2020
WILKERSON, MICHAEL MONTEZ ROXBORO, NC 27574 Proration Vehicle Sold 08/25/2020
WEAVER, JAMES RAY ROXBORO, NC 27574 Adjustment <
$100
SLVG or
RBLT TTL
09/17/2020
WALLACE MOTORSPORTS LLC TIMBERLAKE, NC 27583 Proration Vehicle Sold 08/31/2020
WADE, CAROLYN ERDINE HILLSBOROUGH, NC 27278 Proration Vehicle Sold 08/07/2020
VAUGHN, ZACHARY SCOTT ROXBORO, NC 27574 Proration Vehicle Sold 08/18/2020
THORPE, ROBERT THOMAS ROXBORO, NC 27574 Proration Vehicle Sold 08/27/2020
THOMPSON, BRIAN WAYNE TIMBERLAKE, NC 27583 Proration Vehicle Sold 09/25/2020
SHIPLEY, WILLIAM MICHAEL II ROUGEMONT, NC 27572 Proration Vehicle Sold 08/11/2020
SAMS, MATHEW KERN ROXBORO, NC 27573 Proration Vehicle Sold 08/13/2020
PHILLIPS, CECIL JR TIMBERLAKE, NC 27583 Proration Vehicle Sold 08/07/2020
134
Payee Name Address 3 Refund Type Refund
Reason
Create Date Tax Jurisdiction Levy Type Total Change
01 Tax ($45.02)
60 Tax ($1.69)
$46.71
01 Tax ($3.04)
60 Tax ($0.11)
$3.15
WOMACK, REGINALD ALONZO ROXBORO, NC 27574 Proration Vehicle Sold 08/31/2020
WOMACK, REGINALD ALONZO ROXBORO, NC 27574 Proration Vehicle Sold 08/31/2020
135
AGENDA ABSTRACT
Meeting Date: October 5, 2020
Agenda Title: Person County Solar Energy System Ordinance
Summary of Information:
Petition TA-03-20 is a request by the Person County Planning Department staff on behalf of the Person
County Board of Commissioners to repeal the existing solar energy system regulations in the Person County
Planning Ordinance Note #2 – Industrial and Manufacturing Operations and Note #10 – Solar Energy
System (SES) and enact a free-standing solar energy system ordinance to address community concerns and
better regulate solar energy systems.
The proposed text amendment required legislative review by the Board at a public hearing which was
conducted at the Board of Commissioners’ September 8, 2020 meeting. The Board of Commissioners
closed the public hearing, but tabled the case until its October 5, 2020 meeting.
Planning Staff Recommendation: Planning staff recommends approval of TA-03-20. The proposed free-
standing ordinance will address community concern and better regulate solar energy systems. Repealing
the existing regulations ensures that solar energy systems are governed solely by the free-standing
ordinance.
Planning Board Recommendation: At the August 13, 2020 Planning Board meeting, the Board voted
unanimously (7-0) to recommend approval of TA-03-20 with changes. This approval also included the
following Statement of Reasonableness and Consistency: The text amendment request is consistent with
the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public
interest as it meets several objectives listed in the Person County Land Use Plan. Specifically, Goal 2.0 to
provide a strong local planning environment that supports and enhances the economic growth potential of
Person County citizens, Goal 4.0 to maintain and enhance the character and identity of Person County
including established rural communities, farmland and woodland, historic sites, and other features that
represent the area’s heritage, and Goal 7.0 to protect water quality, significant natural features, and other
natural resources that have ecological, recreational, or other important values.
The proposed Solar Energy System Ordinance is attached reflecting changes by the Planning Board and
Planning Staff as presented to the Board of Commissioners on September 8, 2020.
Recommendation Action: Vote to approve or deny the requested text amendment and free-standing
ordinance with or without modifications. The NC General Statutes requires that when reviewing a text
amendment, a statement as to whether the proposed text amendment is reasonable and consistent to be
included with the motion.
Submitted by: Lori Oakley, Planning Director
136
*****DRAFT DOCUMENT*****
Date of Adoption: X, X, 2020 ******DRAFT DOCUMENT*****1
PERSON COUNTY SOLAR ENERGY SYSTEM ORDINANCE
ARTICLE 1. GENERAL PROVISIONS
1.1 Title
1.2 Purpose
1.3 Authority and Grant of Power
1.4 Jurisdiction and Applicability
1.5 Definitions
ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS
2.1 General Regulations
2.2 Setbacks
2.3 Height
2.4 Buffers and Landscaping
2.5 Aviation Notification
2.6 Decommissioning and Abandonment
ARTICLE 3. LEGAL PROVISIONS
3.1 Procedure for Solar Energy System Development Approval
3.2 Penalties for Violations
3.3 Severability
3.4 Variance
3.5 Amendments
3.6 Abrogation
3.7 Effective Date
EDC COMMENTS
AIRPORT COMMITTEE COMMENTS
PLANNING BOARD AUG 13TH, 2020 COMMENTS
PLANNING STAFF COMMENTS IN RESPONSE TO PLANNING BOARD MODIFICATIONS
137
*****DRAFT DOCUMENT*****
Date of Adoption: X, X, 2020 ******DRAFT DOCUMENT***** 2
ARTICLE 1. GENERAL PROVISIONS
1.1 Title
a) This document shall be known and cited as “Person County Solar Energy System Ordinance”.
1.2 Purpose
a) The purpose of this ordinance is to facilitate the construction, installation, and operation of solar
energy systems (SES) in Person County in a manner that promotes economic development, preserves
the dignity and aesthetics of the environment in Person County, and ensures the protection of health,
safety, and welfare while also avoiding adverse impacts to important areas such as agricultural lands.
This ordinance is not intended to replace safety, health, or environmental requirements contained in
other applicable codes, standards, or ordinances. The provisions of this ordinance shall not be deemed
to nullify any provisions of local, state, or federal law.
1.3 Authority and Grant of Power
a) This ordinance is adopted under the authority and provisions of the General Statute of North Carolina,
Chapter 153A Article 18. Nothing herein shall be interpreted to conflict with or supersede any provision
of the General Statute of North Carolina Chapter 153A.
1.4 Jurisdiction and Applicability
a) The regulations contained herein shall govern development of land within Person County, North
Carolina as provided in General Statute 153A, Article 18, except those lands lying within jurisdiction
of any municipality, unless such municipality shall have by resolution requesting the County enforce
these regulations within the municipality’s area of jurisdiction.
b) Solar energy systems established prior to the effective date of this ordinance shall remain exempt
except if major modifications to an existing solar energy systems that increases the systems area by
more than 5% of the original footprint or changes the solar panel type (e.g. photovoltaic to solar
thermal) shall be subjected to this ordinance. are proposed and require a new Special Use Permit to be
issued by the Board of Commissioners. The modified area of the SES permitted under the new Special
Use Permit shall be subject to the conditions of this ordinance. Maintenance and repair are not subject
to this ordinance.
1.5 Definitions
a) Abandonment: Any solar energy system that ceases to produce energy on a continuous basis for
twelve (12) months will be considered abandoned.
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b) Accessory Equipment: Any equipment serving or being used in conjunction with a solar energy
system. The term includes utility or transmission equipment, power supplies, generators, batteries,
equipment buildings, and storage sheds, shelters, or similar structures.
c) Decommissioning Plan: A document that details the planned shut down and removal of a solar
energy system from operation or use.
d) Major Modification: Any change which would require findings of fact or evidence in addition to
those in the record of the public hearing for the original Special Use Permit, or subsequent
modifications, if any. By way of example, but not of limitation, any of the following shall constitute
a major modification requiring an application to be resubmitted in accordance with applicable
ordinance provisions:
1. Significant changes in the zoning lot’s boundaries, unless the purposes of this ordinance or
of the County’s plan for the comprehensive development of the area within which the lot
is located are satisfied to an equivalent or greater degree. Significant change in the
boundaries of the site if public purposes are not satisfied to an equivalent or greater degree;
2. A change in the use approved;
3. Significant changes in the location of principal and/or accessory structures and/or uses;
4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and
appearance of principal and/or accessory structures as shown in the plan;
5. Significant changes in pedestrian or vehicular access or circulation
6. Significant changes in the amount or location of required landscape screening if an
alternate proposal does not provide the same or greater degree.
d)e) Property Owner: The person(s), entity, or company having fee simple ownership of the property
where the solar energy system is located.
e)f) Residence: A building used as a dwelling for one or more families or persons
f)g) Solar Array: An active solar energy system that converts sunlight into electricity using either
Thermal or photovoltaic methods. Such a system has multiple solar collectors, and might include
transformers, generators, batteries, and other appurtenant structures and/or facilities.
g)h) Solar Collector or Solar Panel: A device that converts sunlight into electricity using either
thermal or photovoltaic methods.
h)i) Solar Energy System: The components and subsystems required to convert solar energy into
electric or thermal energy suitable for use. The area of the system includes all the land inside the
perimeter of the system, which extends to any fencing. Area restrictions are based on the acreage
of panels. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal
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systems, and solar hot water systems. A system fits into one of three system types: Level 1 SES,
Level 2 SES, and Level 3 SES.
1. Level 1 Solar Energy System (SES) – Includes the following in all Person County Zoning
Districts:
i. Roof-mounted on any code-compliant structure.
ii. Ground mounted on an area of up to 50% of the footprint of the primary structure on
the parcel but less than 1/2 acre.
iii. Covering permanent parking lots and other hardscape areas.
iv. Building integrated solar (i.e., shingle, hanging solar, canopy, etc.).
2. Level 2 Solar Energy System (SES) – Ground mounted systems greater than or equal to ½ acre
and less than ten (10) acres in all Person County Zoning Districts. not included in Level 1 that
meet the area restrictions listed below:
. Residential (R) ½ acre
. Highway Commercial (B-1) 10 acre ½ acre
. Neighborhood Shopping (B-2) ½ acre
. General Industrial (GI) 10 acres ½ acre
. Rural Conservation (RC) 10 acres ½ acre
8.3. Level 3 Solar Energy System (SES) – Ground mounted systems greater than or equal to ten
(10) acres in all Person County Zoning Districts. that do not satisfy the parameters for a Level
1 or 2 Solar Energy System.
ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS
2.1 General Regulations
Solar energy systems are permitted in Person County as follows:
Table 2.1 General Regulations for Solar Energy Systems in Person County
P = Permitted Use ; SUP = Special Use Permit ; X = Prohibited
Residential
(R)
Highway
Commercial
(B-1)
Neighborhood
Shopping (B-
2)
General
Industrial
(GI)
Rural
Conservation
(RC)
Level 1 – Roof-mounted, parking lot
cover, or building integrated
P P P P P
Ground-mounted
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Level 1 - Up to 50% of the footprint of
the primary structure < 1/2 acre
P P P P P
Level 2 1/2 acre SUP P SUP P P P
Level 2 10 acre X SUP SUP P P
Level 3 X SUP X SUP SUP
2.2 Setbacks
Setbacks for solar energy systems are measured from solar panel to property line or right-of-way. Setbacks
for solar energy systems in Person County as follows:
Table 2.2 Setback Requirements for Solar Energy Systems in Person County
X = Prohibited
Residential
(R)
Highway
Commercial
(B-1)
Neighborhood
Shopping (B-
2)
General
Industrial
(GI)
Rural
Conservation
(RC)
Level 1 – Roof-mounted, parking lot
cover, or building integrated
Per District Regulations contained in Person County Planning Ordinance
Ground-mounted
Level 1 - Up to 50% of the footprint of
the primary structure < 1/2 acre
Per District Regulations contained in Person County Planning Ordinance
Level 2 1/2 acre 50’ Per District
Regulations
contained in
Person
County
Planning
Ordinance
50’ Per District Regulations
contained in Person
County Planning
Ordinance
Level 2 10 acre X 50’ 50’ 50’ 50’
Level 3 X 50’ X 50’ 50’
EXCEPTION: Where a solar energy system facility is located on multiple lots of record in separate
ownership, the building setback requirement shall apply only to the exterior perimeter of the property
boundaries surrounding the facility and not the interior property boundaries within the facility. A written
waiver signed by the property owner(s) shall be required.
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2.3 Height
a) For Level 1 roof mounted systems, height is limited to the applicable district regulation. The height
of Level 1, 2, and 3 ground mounted systems shall be measured from the highest natural grade
below each solar panel. For ground mounted systems, panel height shall not exceed 15’ in all
districts. Poles and wires reasonably necessary to connect to public electric utilities for all solar
energy systems shall not be subject to this requirement.
2.4 Buffers and Landscaping
a) Roof- and ground-mounted Level 1 systems less than ½ acre shall be exempt from buffering and
landscaping requirements.
b) Solar collectors, accessory equipment, and associated outside storage for Level 2 and 3 systems
between ½ and 10 acres shall be completely screened with a 50’ vegetative buffer from view from
all public streets and adjacent residences. Buffers shall include at a minimum, evergreen shrubs
and a combination of deciduous and evergreen trees as follows:
1. Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall be
a minimum of 3’ at planting and have a height and spread of at least 30’ within 10 years;
and,
2. 5 evergreen shrubs, or 3 evergreen and 2 deciduous shrubs, that shall be a minimum of 3’
at planting and have a height and spread of at least 5’ in 10 years.
3. Existing vegetation may be counted toward the required plantings when identified on a
landscape plan and certified by an arborist, landscape architect, landscape designer. Plants
identified for the buffer must be protected from all land disturbing activities and
construction at a distance equal to the drip line of the plant(s) to be used toward the buffer.
c) Solar collectors, accessory equipment, and associated outside storage for all Level 2 and Level 3
systems greater than or equal to 10 acres shall be completely screened with a 50’ vegetative buffer
from view from all public streets and adjacent residences. Buffers shall include at a minimum,
evergreen shrubs and a combination of deciduous and evergreen trees as follows:
1. Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall be
a minimum of 3’ at planting and have a height and spread of at least 30’ within 10 years;
and,
2. 5 evergreen shrubs, or 3 evergreen and 2 deciduous shrubs, that shall be a minimum of 3’
at planting and have a height and spread of at least 5’ in 10 years.
3. Existing vegetation may be counted toward the required plantings when identified on a
landscape plan and certified by an arborist, landscape architect, landscape designer. Plants
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identified for the buffer must be protected from all land disturbing activities and
construction at a distance equal to the drip line of the plant(s) to be used toward the buffer.
2.5 Aviation Notification
a) Roof- and ground-mounted Level 1 systems and Level 2 systems less than ½ acre shall be exempt
from aviation notification requirements.
b) For all Level 2 and 3 systems greater than or equal to ½ acre in size, a map analysis showing a
radius of five (5) nautical miles from the center of the solar energy system with any airport
operations within this area highlighted shall be submitted with the initial application.
1. For systems not containing airport operations within five (5) nautical miles from the center
of the solar energy system, attach map analysis results to permit application.
2. For systems containing airport operations within five (5) nautical miles from the center of
the solar energy system, the following items must be included with the permit application:
i. Map analysis results.
ii. Determination of whether the airport is in the National Plan of Integrated Airport
Systems (NPIAS).
iii. Documentation/certification that the project will not interfere with airport/aircraft
communications systems.
iii.iv. Proof of delivery of notification, date of delivery, and response(s) for the
following documents:
a) For consideration of potential impacts to low altitude military flight paths,
notification of intent to construct the solar energy system shall be sent to
the NC Commanders Council at least 30 days before the Special Use
Permit hearing for Level 2 and 3 solar energy systems and at least 45 days
before starting construction for all other Level 2 and 3 solar energy
systems. Notification shall include location of solar energy system (i.e.
map, coordinates, address, or parcel ID), technology (i.e. roof-mounted
PV, ground mounted fixed PV, tracked PV, solar thermal, etc.), and the
area of the system (e.g. 5 acres).
b) If requested, a full report for each flight path and observation point, as well
as the contact information for the Planning Director, shall be sent to the
authority indicated below at least 30 days before the Special Use Permit
hearing for Level 2 and 3 solar energy systems and at least 45 days before
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starting construction for all other Level 2 and 3 solar energy systems. The
latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be
used per its user’s manual to evaluate the solar glare aviation hazard.
SGHAT can be accessed via the following website:
http://sandia.gov/glare.
1. Airport operations at airports in the National Plan of Integrated
Airport Systems (NPIAS) within five nautical miles of the center
of SES: provide required information to the North Carolina
Division of Aviation and Federal Aviation Administration's
(FAA) Airport District Office (ADO) with oversight of North
Carolina.
2. Airport operations at airports not in the NPIAS, including military
airports, within five nautical miles of the center of SES: provide
required information to the NC Commanders Council for military
airports and to the management of the airport for non-military
airports.
iv.v. Any applicable solar energy system design changes (e.g. module tilt, module
reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the
new full report shall be sent without undue delay to the contact specified in iii.b.
(1) and iii.b. (2) for accurate records of the as-built system.
2.6 Decommissioning and Abandonment
a) Decommissioning and abandonment requirements shall only apply to Level 2 and 3 solar energy
systems greater than or equal to ½ acre.
1. Roof- and ground-mounted Level 1 systems and Level 2 systems less than ½ acre shall be
exempt from decommissioning and abandonment requirements.
b) A solar energy system that ceases to produce energy on a continuous basis for 12 months will be
considered abandoned unless the current responsible party (or parties) with ownership interest in
the solar energy system provides substantial evidence (updated every six (6) months after 12
months of no energy production) to the Planning Director of the intent to maintain and reinstate the
operation of that facility. It is the responsibility of the responsible party (or parties) to remove all
equipment and facilities and restore the parcel to its condition prior to development of the solar
energy system. Restoration to less than the original condition is acceptable when it is requested in
writing by the parcel owner.
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c) At the time of applying for permits, the applicant (solar energy system developer or property owner)
shall include a decommissioning plan addressing the following items:
1. Anticipated life of the solar energy system.
2. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease,
no power production for 12 months, etc.)
3. Removal of all non-utility owned equipment, conduit, structures, fencing, solar panels,
roads, and foundations.
4. Restoration of property to condition prior to development of the solar energy system.
5. Timeframe for completion of decommissioning activities, not to exceed one (1) year.
6. Description and copy of any lease or any other agreement with the property owner
regarding decommissioning.
7. Name and address of person or party responsible for decommissioning.
8. Plans and schedule for updating the Decommissioning Plan.
9. A verifiable means of determining if the decommissioning plan needs to be activated due
to cessation of use for 365 days, such as a letter from the electric utility stating that it will
notify the Planning Department within ten (10) business days if electricity is not received
from an array within the solar energy system for 365 days.
10. Estimated decommissioning costs including contingency costs of at least 25% (in current
dollars), as provided by an appropriately experienced, North Carolina licensed Engineer,
under seal.
d) Prior to the issuance of a zoning compliance certificate, the county must receive a performance
guarantee in favor of the county in an amount equal to 1.25 times the estimated decommissioning
cost as determined by a North Carolina licensed engineer. The performance guarantee must be
satisfactory to the Planning Director and may include a performance bond, irrevocable letter of
credit, cash deposit or other surety approved by the Planning Director.
ARTICLE 3. LEGAL PROVISIONS
3.1 Procedure for Solar Energy System Development Approval
a) After the effective date of this ordinance, no proposed solar energy system as defined in this
ordinance and within Person County’s jurisdiction shall proceed with construction until it has been
submitted to and approved by the Planning Director or his/her designee and as evidenced by an
approved Person County Zoning Permit in accordance with the provisions of this ordinance.
b) Existing SES developments are governed under the Planning Ordinance regulations in place prior
to the effective date of this ordinance unless a major modification as defined by this ordinance is
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proposed and requires a new Special Use Permit to be issued. If a new Special Use Permit is
required, the SES will be required to meet the provisions of this Ordinance.
b)c) Level 1 Solar Energy Systems as Permitted Uses
Level 1 solar energy systems allowed as permitted uses must meet the applicable height, setback,
aviation notification, and related district standards. Level 1 solar energy systems must complete the
following for approval:
1. Approval from Person County Environmental Health or the City of Roxboro Public Works.
2. Addressing from Person County GIS.
3. Zoning permit application and site plan for Person County Planning and Zoning. *
4. Building permit application and building plans for Person County Building Inspections.
In addition to general site plan requirements, site plans submitted to Person County Planning and
Zoning for Level 1 solar energy systems must show the following:
1. The entire property boundary including existing structures.
2. Planned location of each solar array and accessory equipment.
3. The front, rear, and side setbacks of the solar array and accessory equipment.
4. (If applicable) Required buffer areas with description.
5. A table containing the number, dimensions, height, and type of each proposed solar array
including their generating capacity.
*Following completion of construction, Level 1 ground mounted solar energy systems may be
required to submit a final as-built survey to the Planning Director. Following approval of the final
as-built survey, systems may receive their Certificate of Occupancy.
c)d) Level 2 Solar Energy Systems as Permitted Uses
Level 2 solar energy systems allowed as permitted uses must meet the applicable height, setback,
aviation notification, and related district standards. Level 2 solar energy systems must complete the
following for approval:
1. Approval from Person County Environmental Health or the City of Roxboro Public Works.
2. Addressing from Person County GIS.
3. Zoning permit application and site plan for Person County Planning and Zoning. *
4. Decommissioning Plan submitted to Person County Planning and Zoning.
5. Building permit application and building plans for Person County Building Inspections.
In addition to the standards listed in the Person County Planning Ordinance Commercial and
Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning
must show the following:
1. Planned location of each solar array and accessory equipment.
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2. The front, rear, and side setbacks of the solar array and accessory equipment.
3. (If applicable) Required buffer areas with description.
4. A table containing the number, dimensions, height, and type of each proposed solar array
including their generating capacity.
*Level 2 solar energy systems in the Neuse watershed may require additional materials
Following completion of construction, all Level 2 solar energy systems shall submit a final as-built
survey to the Planning Director. Following submission and approval of the final as-built survey,
Level 2 solar energy systems must receive an approved final zoning inspection performed on-site
by the Person County Planning and Zoning Department prior to receiving their Certificate of
Occupancy. Properties located in the Neuse watershed may require additional materials prior to
receiving their Certificate of Occupancy.
d)e) Level 2 and 3 Solar Energy Systems Requiring Special Use Permits
Level 2 and 3 solar energy systems requiring Special Use Permits must submit a completed Special
Use Permit Application and site plan to the Person County Planning and Zoning Department*.
Applicants may choose to provide a sketch plan to the Planning Administrator ahead of a site plan,
as sketch plans do not require much investment and are an opportunity for the Planning
Administrator to point out design changes ahead of more expensive site planning.
In addition to the standards listed in the Person County Planning Ordinance Commercial and
Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning
must show the following:
1. Planned location of each solar array and accessory equipment.
2. The front, rear, and side setbacks of the solar array and accessory equipment.
3. (If applicable) Required buffer areas with description.
4. A table containing the number, dimensions, height, and type of each proposed solar array
including their generating capacity.
* Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials
e)f) Special Use Permit Applications and site plans shall be submitted in a timely manner so as to allow
Person County Planning and Zoning staff adequate time to meet legislative advertising
requirements. The Person County Board of Commissioners will conduct a public hearing to review
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the solar energy system Special Use Permit. Following review of the application, the Board of
Commissioners will render a decision.
f)g) Following approval of the Special Use Permit, Level 2 and 3 solar energy systems must complete
the following for approval:
1. Approval from Person County Environmental Health or the City of Roxboro Public Works.
2. Addressing from Person County GIS.
3. Zoning permit application and approved site plan for Person County Planning and Zoning.*
4. Decommissioning Plan submitted to Person County Planning and Zoning.
5. Building permit application and building plans for Person County Building Inspections.
* Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials
g)h) Following completion of construction, all Level 2 and 3 solar energy systems shall submit
a final as-built survey to the Planning Director. Following submission and approval of the final as-
built survey, Level 2 and 3 solar energy systems must receive an approved final zoning inspection
performed on-site by the Person County Planning and Zoning Department prior to receiving their
Certificate of Occupancy. Properties located in the Neuse watershed may require additional
materials prior to receiving their Certificate of Occupancy.
3.2 Penalties for Violations
Any person, firm, corporation, or other entity who constructs, maintains or operates, or who controls
the maintenance of a solar energy system in violation of this Ordinance shall be guilty of a misdemeanor
and subject to prosecution, and if convicted, shall be punished by a fine not to exceed $500, or by
imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day that said solar
energy system is constructed, maintained or operated in violation of this Ordinance shall constitute a
separate and distinct offense.
3.3 Severability
Should any provision of this Ordinance be declared by any court, administrative body, or board, or any
other governmental body or board, to be unconstitutional, invalid, preempted, void, or otherwise
inapplicable for any reason, such decision shall not affect the validity of this Ordinance as a whole or
any part thereof other than the part so decided to be unconstitutional, invalid, preempted, void, or
otherwise inapplicable.
3.4 Variance
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A variance from the provisions of this Ordinance may be authorized by the Board of Adjustment
provided that all of the following criteria are met:
a) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be
necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the
property.
b) The hardship results from conditions that are peculiar to the property, such as location, size, or
topography. Hardships resulting from personal circumstances, as well as hardships resulting from
conditions that are common to the neighborhood or the general public, may not be the basis for
granting a variance.
c) The hardship did not result from actions taken by the applicant or property owner. The act of
purchasing property with knowledge that circumstances exist that may justify the granting of a
variance shall not be regarded as a self-created hardship.
d) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that
public safety is secured, and substantial justice is achieved.
3.5 Effective Date
This Ordinance is duly adopted by the Board of Commissioners of Person County, North Carolina
this _____ day of ____________, 2020.
Adopted, this, the X day of X 2020.
B. Ray Jeffers, Chairman Date
Person County Board of Commissioners
Attested by:
Brenda B. Reaves, Clerk to the Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: October 5, 2020
Agenda Title: Woodsdale Fire District Coverage Plan and Funding
Summary of Information: On August 9, 2019, the Office of State Fire Marshal (OSFM) notified
Person County of Woodsdale Volunteer Fire Department’s (WVFD) decertification status due to
failure to meet minimum standards to maintain state certification. On September 6, 2019, the
County Manager provided a 30-day written notice of breach of contract to WVFD and withheld
its funding for FY20. WVFD filed a timely appeal to the State, which suspended the decertification
process. On September 15, 2020, the WVFD formally withdrew its appeal. Decertification is still
pending official notice from the OSFM following withdrawal of the appeal.
During its appeal, WVFD has continued to be dispatched to calls for service. From July 1, 2019
through September 23, 2020, the county dispatched 99 calls to the Woodsdale Fire District. WVFD
did not respond to 34 (34%) of the calls in its district.
In many cases, Triple Springs and Roxboro responded. Triple Springs responded to 57 (57%) and
Roxboro responded to 18 (18%) of the 99 calls. Since December 1, 2019, Triple Springs has been
simultaneously dispatched with WVFD to all 56 calls for service in the Woodsdale Fire District to
ensure adequate response. WVFD will no longer be dispatched when its decertification becomes
effective, and its contract will terminate.
The County Fire Marshal has worked with surrounding districts Ceffo, Roxboro, and Triple
Springs fire departments, to develop a plan for ongoing coverage of the Woodsdale Fire District.
The attached map of Person County fire districts and stations shows the expanded coverage areas
for each of these departments within the Woodsdale Fire District.
The Ceffo, Roxboro, and Triple Springs fire chiefs have responded favorably to staff’s proposal,
but to date, all stakeholders have not been able to meet together to finalize the coverage plan. The
covering departments need clarification from the county on details such as funding for additional
coverage, mapping of expanded coverage areas, mutual and automatic aid changes, etc.
Attached is a draft contract addendum/supplemental aid agreement that has been reviewed by the
county attorney. Covering departments would be dispatched to a pre-defined extended service area
(one additional mile from each station) when there is a call for service in the Woodsdale Fire
District. They would be expected to respond and supply the same level of services as they would
to their home districts.
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Staff recommends the following compensation for those districts: 1) a one-time lump sum
payment of $5,000 per department to acknowledge their willingness to expand their service area
; and 2) a monthly per call reimbursement based on the FEMA rates and part-time firefighter pay
for this region, to compensate departments for resources utilized during their response.
For FY21, the board approved $99,469 in unallocated fire tax district funds. The budget was
amended in July to allocate $20,000 from this line item to fund WVFD’s operational expenses
during its appeal through an adopted Resolution. WVFD is requesting an additional $33,700 to
cover its remaining operating expenses through the end of FY21 as they work towards
recertification. The recertification process could take, at a minimum, 14 to 16 months after
WVFD achieves a roster of 15 volunteer firefighters.
In addition, WVFD has requested a monthly funding allocation rather than the county’s
approving and paying invoices on its behalf. If the county continues to fund the department’s
operating expenses, staff recommends that the established payment process remain in place to
ensure accountability. Staff also requests direction on allowable expenses.
Dependent upon the board’s decision on whether to provide additional funding to Ceffo,
Roxboro, and Triple Springs fire departments, unallocated funds may remain in the fire district
tax fund to fully fund this request in FY21. If so, staff recommends that a timeline be developed
for each phase and that continued funding be tied to the department’s measurable progress
towards recertification. These milestones and any accompanying funding should be incorporated
into a revised agreement.
Recommended Action:
1. Discuss and provide direction on agreements and funding with Ceffo, Roxboro, and Triple
Springs fire departments’ coverage of the Woodsdale Fire District.
2. Discuss and provide direction on agreement with and funding for Woodsdale Volunteer Fire
Department during the recertification period.
Submitted By: Keith Duncan, Fire Marshal
Attachments:
1. Proposed fire district map
2. Draft contract addendum
3. Reimbursement rates
4. Nov. 4, 2019 resolution
5. WVFD funding request
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Tax Map & Parcel No: Business Name:Location:
N/A Duke Energy Mayo Plant 10660 Boston Rd, Roxboro, NC 27574
A45 5 Bailey's Chapel AME Church 5016 Woodsdale Rd, Roxboro, NC 27574
A56 2 & A56 29 Tunnel Creek Farm and Vineyard 1333 Berryhill Rd, Roxboro, NC 27574
A66 11 Louisiana Pacific Corp 10475 Boston Rd, Roxboro, NC 27574
A66 36 Restaurant/Lounge (Closed) 11939 Boston Rd, Roxboro, NC 27574
A66 4 Bethel Hill Baptist Church 201 Old US 501 Hwy, Roxboro, NC 27574
A67 38D Grace Tabernacle Holiness Church 10044 Boston Rd, Roxboro, NC 27574
A67 50 Bethel Hill Ruritan Club 9790 Boston Rd, Roxboro, NC 27574
Businesses outside of 6 Miles
Accompanies the Potential Future ISO Ratings, Woodsdale Area map
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SUPLEMENTAL AID AGREEMENT BETWEEN
PERSON COUNTY, NC AND [PARTY #2]
[DATE]
PARTIES:
This Supplemental Aid Agreement (hereinafter “Agreement”) is entered into between Person
County, NC 304 S. Morgan Street Roxboro, NC 27573 hereinafter “[Party 1]” and
Department name and address hereinafter “[Party 2]”.
PURPOSE:
The purpose of this Agreement is to establish the terms and conditions by which Party 2 will supply
emergency services (the same as per contract) to an extended area of the county as shown on
Reference Map # ______. In exchange for these services, Party 1 agrees to pay the sum of $______
per (mo./yr.) as approved by the Person County Board of Commissioners.
GENERAL PROVISIONS
Party 2 will be dispatched to the extended area when there is a call for service. The department
will respond as if to their own district and supply the same amount of services as their home district.
In the event that the department is on or enroute to a call for service in their own district, that call
will take precedence over all others.
The Chief of the Department or his designee may decide to change or alter the priority of response
at his or her direction. In this instance, the officer shall inform 911 communications of the change
and ask for mutual aid for the unanswered call.
TERMINATION OF SERVICE
Either party shall be able to terminate this agreement with a 30 written notice hand delivered of
certified mail to the Clerk to the Board.
ADD SIGNATURE LINES
155
Resource TypePerformance Per/Hr. CostFire Engine Pump/Tank Capacity 1000GPM/300gal $75.00Fire Engine Pump/Tank Capacity 1250 GPM/500 gal $85.00Fire Engine Pump/Tank Capacity 1500 GPM/1000 gal $95.00Tanker, Fire Support Pump/Tank Capacity 200GPM/1000+gal $70.00Aerial Device Pump Capacity1000 gpm $105.00Medical Responder Call$75.00Rescue, Rescue Equipment$95.00False Alarms$50.002 Man crew per vehicle $50.00Each additional respoding by P.O.V.$25.00Chief Officer $30.00Per Call Reimbursement Rates156
November 4, 2019
9
157
November 4, 2019
10
Chairman Newell made a motion for the County to not write any more checks
without Board approval; he withdrew his motion prior to action.
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