10-05-2020 Meeting Minutes BOC
October 5, 2020
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 5, 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
recessed session on Monday, October 5, 2020 at 6:30pm in the Person County Office
Building Auditorium for conducting informal interviews with the applicants of the
Economic Development Commission.
Chairman Jeffers called the recessed meeting to order. Commissioner Puryear was
absent until 6:33pm.
APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION VIA
INFORMAL INTERVIEWS:
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.
Three citizen applicants were present for the informal interviews; they were Ms.
Elizabeth Bradsher, Mr. Larry Cole and Mr. David Ziolkowski. Mr. Michael Wilkins
withdrew his application from consideration on this same date.
Chairman Jeffers asked Ms. Bradsher, Mr. Cole and Mr. Ziolkowski to introduce
themselves and to speak to their interest in serving on the Economic Development
Commission. Following introductions, the Board of Commissioners proceeded with its
informal interviews with all three candidates for the unexpired term vacancy.
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) David Ziolkowski requested appointment
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A motion was made by Chairman Jeffers to appoint Mr. Larry Cole to the
Economic Development Commission to fulfill an unexpired term to June 30, 2022.
A substitute motion was made by Commissioner Sims and carried 3-2 to appoint
Ms. Elizabeth Bradsher to the Economic Development Commission to fulfill an unexpired
term to June 30, 2022. Commissioners Sims, Puryear and Vice Chairman Powell voted in
favor of the substitute motion. Chairman Jeffers and Commissioner Clayton cast the
dissenting votes.
ADJOURNMENT:
A motion was made by Commissioner Sims and carried 5-0 to adjourn the
recessed meeting at 7:04pm.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman
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PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 5, 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, October 5, 2020 at 7:00pm in the Person County Office
Building Auditorium.
Chairman Jeffers called the meeting to order at 7:05pm. Commissioner Sims
offered an invocation and Vice Chairman Powell led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
agenda.
INFORMAL COMMENTS:
Chairman Jeffers announced a 2.5-minute time limit for all speakers during
informal comments. The following individuals appeared before the Board to make informal
comments:
Ms. Linda Ford of 624 Hillhaven Terrace, Roxboro, a city resident, referenced an
article in the local newspaper about commissioners extending the landfill contract to which
she asked if the county had a contract and how much money was received and where it was
going. Chairman Jeffers confirmed the County did in fact, extend a contract as well as
negotiated a new contract that included additional tonnage to accept waste into the landfill.
He noted that the money goes into the County’s General Fund that is used to operate county
services to citizens. Ms. Ford noted she had concerns related to environmental issues with
a landfill. Ms. Ford asked if county residents pay city taxes to which Chairman Jeffers
noted that city residents pay both city and county property taxes and those residents outside
the city only pay county property taxes. Chairman Jeffers offered to meet with Ms. Ford or
set up a meeting with the County Manager to answer any questions she may have.
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Ms. Patricia “PJ” Gentry of 541 Byrd Creek Lane, Hurdle Mills thanked the
commissioners for moving slowly on setting its solar farm regulations. She commended
the Planning & Zoning staff working to develop a better plan. Ms. Gentry said to put an
industrial site in a rural residential area would be devastating to both the residents and the
environment and much is unknown about the toxicity of the panels. She referenced a
citizen letter with considerations that was signed by residents to which Mr. Paul Lynch
would share his expertise when he addressed the Board. The Board confirmed receipt of
the citizen letter.
Mr. Chris Weaver of 342 Satterfield Farm Road, Timberlake thanked the Board for
its vote to appoint Ms. Elizabeth Bradsher to the Economic Development Commission
noting there was much talent between the candidates. He urged the Board not to sideline
those talents and to consider a Dream Team to make things happen.
Mr. John Seepe of 277 Barefoot Landing Lane, Semora thanked the Board for the
support of appointing Elizabeth Bradsher and urged consideration that all the seats on
Economic Development Commission be a staggered term so they don’t all expire at the
same time. Mr. Seepe asked if Person County applied for CARES Act Grant funding and
if there was an award or not to which County Manager, Heidi York stated an application
was made for just over $10M and the response was that funding was not available. Mr.
Seepe referenced an Economic Development Commission Strategic Analysis presentation
made to the Board of Commissioners in December 2018, which listed weaknesses as
follows; he asked if anything has changed since that time.
• Lack of Vision
• Infrastructure
• Educated Workforce
• Appearance
• Public Funding
• Industrial Park Readiness
• Roads - Interstate
• Housing
• Lack of Development in Southern Person County
• Regional Perception
• Infrastructure at Capacity
• No Marketing
• Percentage of Unemployables
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Mr. Ray Foushee of 8930 Hurdle Mills Road, Hurdle Mills stated he was one of the
residents that submitted the citizen letter noting he was in full support of those
considerations submitted to the Board. He noted that Person County has ten solar farms
with the largest containing 37-acres of panels, which he opined being a lot for a county the
size of Person County. He said county residents are prideful to maintain rural farmland and
woodlands as described in the Land Use Plan and reinforced by the recent survey as
presented in a recent board meeting. Mr. Foushee stated agreement with allowing Level 1
solar energy systems in residential zoned areas. However, Mr. Foushee opposed rezoning
residential zoned areas to allow larger solar farms. Additionally, Mr. Foushee urged
adequate setbacks for Level 2 and 3 solar energy systems to be 150’ to property lines and
300’ to residences.
Mr. Paul Lynch of 395 Union Grove Church Road, Hurdle Mills offered to answer
any questions related to the content of the referenced citizen letter. He noted he moved to
NC from bad government and bad land use policies in NJ two years ago. Mr. Lynch said
he had over 30 years in process engineering for the power industry focusing on various
types of power generation solar applications. He noted the most important principles in the
citizen survey for the Land Use Plan rated 1) expanding employment opportunities (jobs),
(2) preserving working farms and open space, and 3) maintaining rural lifestyle. Mr. Lynch
further noted that solar energy farms may provide jobs during construction but thereafter
there are no on-site workers and by taking up farmlands for solar farms thereby reduces
the potential for job creation in industries that could provide employment opportunities.
He stated his concerns related to battery storage on large solar farm projects and said the
ordinance as presented lacks protections for physical and property safety.
Mr. Chris Sandifer of 3118 Green Road, Spring Hope, an independent consulting
engineer who is registered in the state of NC with 40 years of experience stated there was
nothing installed on solar energy systems that would endanger the health and safety of the
residents in the county.
Mr. Rex Young, a Development Attorney for Oakhurst Energy of 606 Wade
Avenue, Raleigh said the ordinance process has been a reaction to a single project in the
Hurdle Mills community and the ordinance will impact every land owner and tax payer
that wants to have solar on their property. Mr. Young stated there are benefits of clean
energy and it provides a revenue. He told the Board that these larger projects will come
before the Board of Commissioners for a Special Use Permit and the Board has the
authority to say no or to place conditions on a project.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of 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:
PROPOSED SOLAR ENERGY SYSTEM ORDINANCE:
Planning Director, Lori Oakley and Kayla DiCristina, Planner presented the
proposed Solar Energy System Ordinance as introduced to the Board of Commissioners on
September 8, 2020 at which time the Board conducted its public hearing and heard public
comments. Upon closing the public hearing, the Board of Commissioners took action on
September 8, 2020 to table consideration of this item until this date.
Petition TA-03-20 was 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. Planning staff recommended 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.
Ms. Oakley noted the Board of Commissioners could vote to approve or deny the
requested text amendment and free-standing ordinance with or without modifications. The
NC General Statutes require 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.
Chairman Jeffers asked the Planning staff to describe the required buffer and
screening in the proposed ordinance. Ms. DiCristina noted Section 2.4 (b) outlines the
Buffers and Landscaping requirements: Level 1 systems shall be exempt from buffering
and landscaping requirements. Level 2 and 3 systems shall be completely screened with a
50’ vegetative buffer from view from all public streets and adjacent residences. Buffer
shall include at a minimum, evergreen shrubs and a combination of deciduous and
evergreen trees.
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Ms. DiCristina pointed out that as written Level 2 systems require a Special Use
Permit (SUP) in the residential district and the Neighborhood Shopping B-2 residential
district and is a permitted use by right in the Highway Commercial, General Industrial and
Rural Conservation. Level 3 systems are prohibited in residential district and
Neighborhood Shopping B-2 residential district and require a SUP in the other three
districts. She added that anything over or equal to ten acres of panels are not allowed in
the residential district and the Neighborhood Shopping B-2 residential district and would
require a SUP before both the Planning Board and Board of Commissioners for the other
three districts.
Commissioner Sims asked if anyone knew what the land owners get per solar panel.
Mr. Rex Young, a Development Attorney, present in the audience, said the land owners
are not paid per solar panel and the industry average, based on a number of variables, ranges
between $600 to $1,200 per acre annually.
Chairman Jeffers voiced his concerns for the loss of agricultural land in the county
noting agriculture is the #1 industry in NC and it will mean a loss in Person County’s
economy. He added he did not support solar energy systems to be a permitted use by right
and that a SUP should be required for all in Level 2 and 3. Chairman Jeffers said the Board
has to set policy for responsible growth and take heed to the recent survey results about
farms.
Chairman Jeffers said the citizen letter referenced a setback from a residence and a
property line and asked the Planning staff if they considered that to be the same to which
they replied affirmatively noting they could be the same or different. Chairman Jeffers
suggested increasing the 50’ setback from the panels to the property line to 250’.
Commissioner Sims supported a 300’ setback from the residence to the panels with
150’ buffer from the property line.
Ms. DiCristina stated the setbacks for Level 1 are the same as an accessory structure
per district regulations and for Level 2 the setbacks are 50’ for residential and B-2 and all
other districts are per district regulations. She asked the Board if they desired to make it a
blanket requirement for Level 2 and 3 to which they replied affirmatively.
Ms. DiCristina confirmed that in Level 1, the solar systems are allowed by right in
all five zoning districts, and Level 2 requires a SUP in all zoning districts. Level 3 is
prohibited in residential and Neighborhood Shopping B-2 and a SUP is required in B-1,
General Industrial and Rural Conservation. Planning staff confirmed that the Board desired
a setback of 300’ from solar panel to a dwelling with a 150’ buffer for Level 2 and 3.
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Vice Chairman Powell stated support of the setbacks discussed but wanted to
ensure there were adequate requirements for decommissioning and abandonment to protect
property and residents. Ms. DiCristina noted 2.6 Decommissioning and Abandonment of
the proposed ordinance provides detail for requirements for Level 2 and 3. Chairman
Jeffers cited from the proposed ordinance that a system is considered abandoned when it
ceases to produce energy on a continuous basis for 12 months. Ms. Oakley stated the Board
could tighten the period from 12 months to a period of less than 12 months but noted the
language was clear and enforceable from her perspective. The Board consented 12 months
was adequate.
Commissioner Clayton cited Section 2.6 (d) that referenced a performance
guarantee equal to 1.25 times the estimated decommissioning cost satisfactory to the
Planning Director. He asked consideration to add the County Attorney to that requirement
to provide a legal eye. County Attorney, Ron Aycock stated a legal eye might be helpful.
The Board consented to this change. Ms. Oakley added that standard practice for bonds is
a sealed letter from an engineer and that Person County is the bondholder.
Chairman Jeffers asked the County Attorney if the Board of Commissioners may
take action without further public hearing to which he replied affirmatively.
Chairman Jeffers asked when would any action go into effect to which Ms. Oakley
stated immediately.
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
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 with the changes as discussed and consented to at this meeting. Vice Chairman
Powell noted the following Reasonableness and Consistency Statement: 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.
Mr. Aycock confirmed the Moratorium that was set to expire upon time stated was
now rescinded at the adoption of the Solar Energy System Ordinance.
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NEW BUSINESS:
WOODSDALE FIRE DISTRICT COVERAGE PLAN AND FUNDING:
Fire Marshal, Keith Duncan provided the Board with an update on the Woodsdale
Volunteer Fire Department’s (WVFD) district coverage plan and funding options.
On August 9, 2019, the Office of State Fire Marshal (OSFM) notified Person
County of 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 Fiscal Year
2020. 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. Mr. Duncan presented a map of Person County fire districts and
stations showing the expanded coverage areas for each of these departments within the
Woodsdale Fire District.
Mr. Duncan said 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.
Mr. Duncan also presented 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. County Manager,
Heidi York added that the official decertification will take the residents in the district from
a 9s to a 10 which will increase insurance premiums; staff were taking a proactive approach
with the contracts to preserve some of the district at the 9s fire rating.
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Mr. Duncan recommended the following for 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. He added that discussion with the fire chiefs for preference
of 1) flat disbursement pro-rated as done currently, or 2) disbursements at an equal amount
or 3) a per call disbursement.
For Fiscal Year 2021, 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. Mr.
Duncan stated the WVFD is requesting an additional $33,700 to cover its remaining
operating expenses through the end of Fiscal Year 2021 as they work towards
recertification. Mr. Duncan noted the recertification process could take, at a minimum, 14
to 16 months after WVFD achieves a roster of 15 volunteer firefighters. He added he has
met and supported the WVFD President, Ms. Laurie Dunn as they work toward
recertification and to lower the district fire rating from a 10 to a 9s.
Mr. Duncan said the 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. He asked for direction on allowable
expenses.
Chairman Jeffers suggested that he and Vice Chairman Powell attend the meeting
with the three Fire Chiefs along with the Fire Marshal to bring back to the Board for
consideration. He added he would like to discuss how the county could support the new
WVFD board during the recertification period to pay expenses for the department on 501.
Chairman Jeffers said the WVFD Treasurer, Mr. Paul Bailey has given the Board estimated
expenses for a year at $53,700, i.e., expenses for building maintenance, fuel, inspections,
testing, insurance, truck loan payments, truck repair and maintenance, supplies, utilities,
electric, phone, water, propane, and Wi-Fi. Chairman Jeffers advocated for the Board to
assist WVFD for the residents in that community.
Commissioner Sims asked about the $20,000 already allocated to which Chairman
Jeffers said the Board of Commissioners allocated funding to the new WVFD for the
transition. He confirmed that the $33,700 requested and the $20,000 already allocated
equals the annual estimated funding needed at $53,700.
Assistant County Manager, Katherine Cathey told the group that $14,000 had been
spent to date on the WVFD expenses for the current fiscal year. Ms. Dunn stated she
thought WVFD was approved for the same budget around $97,000 to which Chairman
Jeffers stated the Board did not allocate WVFD any funds; those funds were kept in the
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Fire Tax Fund and the appropriations to date were to provide assistance as the new WVFD
transitions to seek recertification.
Ms. Cathey reported the unallocated budget in the Fire Tax Fund which started with
$99,000 currently has $79,000; she noted by funding $33,700 would leave approximately
$45,000 in unallocated funds to potentially be used for the three covering departments.
Chairman Jeffers asked if the payment process could be sped up so that late
payments are not recurring. Ms. York stated that there was a late payment, as well as all
Person County vendors were paid late during COVID/Cyber; she noted this was not the
standard practice to pay late. Chairman Jeffers asked the Manager and Fire Marshal to
handle the payment process.
Ms. York reiterated that the recertification process might take up to two years. Mr.
Duncan noted there were points to reach prior to the one-year of records. Mr. Duncan
stated the WVFD has not met any of the points at this time; he added it could realistically
be more like 18 months.
Commissioner Sims asked Mr. Duncan if he would be monitoring the
recertification steps to report the progress to the Board of Commissioners to which he
replied affirmatively.
A motion was made by Chairman Jeffers and carried 5-0 to allocate $33,700 to
the WVFD.
APPOINTMENT TO JUVENILE CRIME PREVENTION COUNCIL:
Clerk to the Board, Brenda Reaves presented an application for Ashley Stone,
Human Services Evaluator for the Dept. of Social Services (DSS) for appointment as the
DSS designee replacing Tony Lee who is no longer with the DSS to fulfill an unexpired
term to December 31, 2021.
A motion was made by Commissioner Puryear and carried 5-0 to appoint Ashley
Stone to the Juvenile Crime Prevention Council as the DSS representative to fulfill an
unexpired term to December 31, 2021.
CHAIRMAN’S REPORT:
Chairman Jeffers had no report.
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MANAGER’S REPORT:
County Manager, Heidi York reported that the Roxboro City Council would be
considering the requested waterline extension for Anita Banks at its October 13, 2020
meeting. Ms. York stated should the City Council view the request favorably; the request
would come before the Board at its November meeting.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Powell asked staff if Local Government Day had been cancelled to
which County Manager, Heidi York stated School’s staff had advised they would not have
students attend government meetings for Local Government Day this fall.
Commissioner Puryear wished the commissioner candidates running for office the
best of luck.
There was no report from Commissioners Clayton and Sims.
ADJOURNMENT:
A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting
at 8:17pm.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman