BOC Minutes October 2 2017approve
October 2, 2017
1
PERSON COUNTY BOARD OF COMMISSIONERS OCTOBER 2, 2017
MEMBERS PRESENT OTHERS PRESENT
Tracey L. Kendrick Heidi York, County Manager
Gordon Powell C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, October 2, 2017 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Kendrick requested the Board to add an item to the agenda for the sale
of surplus property. He also requested Board consideration in the agenda approval motion
for the County to lower its flags in response to the shooting in Las Vegas being consistent
with state and federal guidelines.
A motion was made by Commissioner Jeffers and carried 5-0 to add an item to
the agenda for the sale of surplus property and to approve the agenda as adjusted as well
as for County flags to be lowered consistent with state and federal guidelines.
RECOGNITION:
PROCLAMATION FOR RACE UNITY WEEK:
Chairman Kendrick read and presented a Race Unity Week Proclamation to
members of the Brothers and Sisters in Conversations Committee, present in the audience,
Charles Bullock, Rachel Winstead Warren, Maxine Galloway, and Ronnie Dunevant.
On behalf of the group, Mr. Bullock gave a handout to the Clerk to the Board for
distribution to the Board of Commissioners outlining the activities scheduled for Person
County’s Race Unity Week October 8 – 15, 2017.
October 2, 2017
2
October 2, 2017
3
PUBLIC HEARING:
TEXT AMENDMENT (TA-01-17) REQUEST BY KEVIN MOORE TO ADD
DISTILLERY/BREWERY TO THE PERSON COUNTY ZONING ORDINANCE
APPENDIX C - TABLE OF USES AND ALSO ADD A DEFINITION OF
DISTILLERY/BREWERY TO APPENDIX B – DEFINITIONS:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-01-17) Request by Kevin Moore to
add Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions.
Planning Director, Lori Oakley stated all zoning ordinances and state statutes have
been met for this public hearing. She said the applicant, Kevin Moore, came to the Planning
Office to discuss opening a distillery at his current winery. Ms. Oakley noted the Zoning
Ordinance as currently written does not address the proposed distillery use thus the reason
for the text amendment request brought before the Board of Commissioners.
Ms. Oakley gave the group the following presentation for the Text Amendment
(TA-01-17) Request by Kevin Moore to add Distillery/Brewery to the Person County
Zoning Ordinance Appendix C - Table of Uses and also add a definition of
Distillery/Brewery to Appendix B – Definitions:
October 2, 2017
4
October 2, 2017
5
October 2, 2017
6
Ms. Oakley stated the Board could include its statement of reasonableness and
consistency in its motion or by separate motion.
October 2, 2017
7
Speaking in favor of the Text Amendment (TA-01-17) Request by Kevin Moore to
add Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions was the
following:
Mr. Kevin Moore of 250 Charlie Long Road, Hurdle Mills, and the applicant
requesting the Text Amendment before the Board, stated he was available for questions.
There were no individuals appearing before the Board to speak in opposition to the
Text Amendment (TA-01-17) Request by Kevin Moore to add Distillery/Brewery to the
Person County Zoning Ordinance Appendix C - Table of Uses and also add a definition of
Distillery/Brewery to Appendix B – Definitions.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment (TA-01-17) Request by Kevin Moore to add
Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT
AMENDMENT (TA-01-17) BY KEVIN MOORE TO ADD
DISTILLERY/BREWERY TO THE PERSON COUNTY ZONING ORDINANCE
APPENDIX C - TABLE OF USES AND ALSO ADD A DEFINITION OF
DISTILLERY/BREWERY TO APPENDIX B – DEFINITIONS.
Commissioner Jeffers asked if the applicant was pursuing a brewery or a distillery.
Mr. Moore stated ten years ago, the Board approved a permit for the winery. Mr. Moore
noted their plans were to pursue the distillery business with no immediate plan for a
brewery at this time. He further noted he requested the brewery text amendment as a
potential future use.
A motion was made by Commissioner Clayton and carried 5-0 to approve the
Text Amendment (TA-01-17) Request by Kevin Moore to add Distillery/Brewery to the
Person County Zoning Ordinance Appendix C - Table of Uses and also add a definition of
Distillery/Brewery to Appendix B – Definitions as recommended by the Planning Board.
A motion was made by Commissioner Clayton and carried 5-0 approved its
statement that the Text Amendment (TA-01-17) Request by Kevin Moore to add
Distillery/Brewery to the Person County Zoning Ordinance Appendix C - Table of Uses
and also add a definition of Distillery/Brewery to Appendix B – Definitions as
recommended by the Planning Board was reasonable and consistent.
October 2, 2017
8
PUBLIC HEARING:
SPECIAL USE PERMIT (SUP-03-17) REQUEST BY KEVIN MOORE, ON
BEHALF OF PROPERTY OWNERS, KEVIN AND KIMBERLY MOORE, TO
OPERATE A DISTILLERY/BREWERY ON 9.84 ACRES LOCATED AT 1890
CHARLIE LONG ROAD (TAX MAP & PARCEL A31-172) IN THE
RESIDENTIAL ZONING DISTRICT:
A motion was made by Commissioner Clayton and carried 5-0 to open the duly
advertised public hearing for a Special Use Permit (SUP-03-17) Request by Kevin Moore,
on behalf of property owners, Kevin and Kimberly Moore, to operate a Distillery/Brewery
on 9.84 acres located at 1890 Charlie Long Road (Tax Map & Parcel A31-172) in the
Residential Zoning District.
The public hearing set to hear a request by Kevin Moore, on behalf of property
owners, Kevin and Kimberly Moore, for a Special Use Permit to operate a
Distillery/Brewery on 9.84 acres located at 1890 Charlie Long Road (Tax Map & Parcel
A31-172) 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 Kendrick administered the Oath of
Sworn Testimony to the following individuals who would offer testimony during the public
hearing: Lori Oakley and Kevin Moore.
Planning Director, Lori Oakley stated all zoning ordinances and state statutes have
been met for this public hearing. She proceeded to give the group the following
presentation:
October 2, 2017
9
October 2, 2017
10
October 2, 2017
11
October 2, 2017
12
October 2, 2017
13
October 2, 2017
14
Speaking in favor of the Request by Kevin Moore, on behalf of property owners,
Kevin and Kimberly Moore, for a Special Use Permit to operate a Distillery/Brewery on
9.84 acres located at 1890 Charlie Long Road (Tax Map & Parcel A31-172) in the
Residential Zoning District was the following:
Mr. Kevin Moore of 2150 Charlie Long Road, Hurdle Mills, and the applicant
requesting the Special Use Permit, stated he was available for questions.
There were no individuals appearing before the Board to speak in opposition to the
Request by Kevin Moore, on behalf of property owners, Kevin and Kimberly Moore, for a
Special Use Permit to operate a Distillery/Brewery on 9.84 acres located at 1890 Charlie
Long Road (Tax Map & Parcel A31-172) in the Residential Zoning District.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Special Use Permit (SUP-03-17) Request by Kevin Moore, on behalf of
property owners, Kevin and Kimberly Moore, to operate a Distillery/Brewery on 9.84 acres
located at 1890 Charlie Long Road (Tax Map & Parcel A31-172) in the Residential Zoning
District.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A SPECIAL USE
PERMIT (SUP-03-17) BY KEVIN MOORE, ON BEHALF OF PROPERTY
OWNERS, KEVIN AND KIMBERLY MOORE, TO OPERATE A
DISTILLERY/BREWERY ON 9.84 ACRES LOCATED AT 1890 CHARLIE LONG
ROAD (TAX MAP & PARCEL A31-172) IN THE RESIDENTIAL ZONING
DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to approve a
Special Use Permit (SUP-03-17) Request by Kevin Moore, on behalf of property owners,
Kevin and Kimberly Moore, to operate a Distillery/Brewery on 9.84 acres located at 1890
Charlie Long Road (Tax Map & Parcel A31-172) in the Residential Zoning District as
recommended by the Planning Board.
October 2, 2017
15
PUBLIC HEARING:
SPECIAL USE PERMIT (SUP-04-17) REQUEST BY PERSON COUNTY
GOVERNMENT, ON BEHALF OF THE BOARD OF COUNTY
COMMISSIONERS, FOR A 270’ TALL SELF-SUPPORTING
TELECOMMUNICATIONS TOWER ON 12.26 ACRES LOCATED AT 7909
BURLINGTON RD. (TAX MAP & PARCEL # A20-79) 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 Special Use Permit (SUP-04-17) Request by Person County
Government, on behalf of the Board of County Commissioners, for a 270’ tall self-
supporting telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax
Map & Parcel # A20-79) in the Rural Conservation Zoning District.
The public hearing set to hear a request by Person County Government, on behalf
of the Board of County Commissioners, for Special Use Permit for a 270’ tall self-
supporting telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax
Map & Parcel # A20-79) 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 Kendrick
administered the Oath of Sworn Testimony to the following individuals who would offer
testimony during the public hearing: Lori Oakley, Caroline Darnell, Sybil Tate, John Goins
and Linda Long.
Planning Director, Lori Oakley introduced newly hired County Planner, Caroline
Darnell, who would be presenting this case, SUP-04-17. Ms. Oakley passed out revised
agenda abstracts and staff analysis reports for this case.
Planner, Caroline Darnell stated all zoning ordinances and state statutes have been
met for this public hearing. Ms. Darnell proceeded to share the following presentation:
October 2, 2017
16
October 2, 2017
17
October 2, 2017
18
October 2, 2017
19
October 2, 2017
20
October 2, 2017
21
October 2, 2017
22
Speaking in favor of the Request by Person County Government, on behalf of the
Board of County Commissioners, for a Special Use Permit for a 270’ tall self-supporting
telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax Map &
Parcel # A20-79) in the Rural Conservation Zoning District were the following:
Mr. John Goins of 326 Tryon Road, Raleigh, Engineer of Record for Person
County’s tower projects told the group as noted in the Site Plan, the tower was more than
400 ft. from the right-of-way, sufficient for a fall zone. The tower will be located in the
rear corner of the property. Ms. Darnell added the fall zone would be contained within the
lot.
Ms. Sybil Tate, Assistant County Manager noted she was available for questions
and further noted the project’s primary purpose was for public safety.
Speaking in opposition to the Request by Person County Government, on behalf of
the Board of County Commissioners, for a Special Use Permit for a 270’ tall self-
supporting telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax
Map & Parcel # A20-79) in the Rural Conservation Zoning District was the following:
Ms. Linda P. Long of 1800 Jones Store Road, Roxboro stated she was in shock
when she read state statute; she said the latest she found was 2013 where the Board’s hands
would be tied with this tower and she hoped the Board had read all the things the state
statute was saying as there are things that the Board cannot do and cannot control with this
state statute with building this tower. Ms. Long wanted to make the Board aware of these
things. She proceeded to read the following statement:
October 2, 2017
23
Dear Commissioners,
I know that what I say tonight may not change a thing, but I want this to be a part of public
record that concerns were raised. I am not against the cell tower, just the fact that it is
going to be placed in such a populated area. If you look at the property map, you can see
that the area is surrounded by homes. The only area not occupied by homes is the back
side of the ball field which we own. We have been approached by several people that want
to purchase land and some of those people want to build homes. The twelve acres that
make up the old Bushy Fork school grounds is unlike many of the other places that you
have located towers. In that, it is a residential area and the site is full of activity, especially
on the weekends using the various facilities. There are two ball fields that are widely used
by many groups, a walking track, a gymnasium and a community center that is rented by
many families. On a weekend that two events are going on at the same time, it is hard to
find a parking place. I understand that a tower is needed and that by putting it on County
property will save the County money. I also understand that after it is completed, the
County is going to lease space on the tower to other companies to help with broadband
communications and receive revenue from the rented space. My real concern if the
combined effect of all the additional equipment that could added to the tower. According
to the 2013 state statute, the Board will lose control of how and what other companies are
going to use the tower for. I know that we need a tower, but how would you like to look
out your front door and see a 270 ft. tower. Finally, down the road, if there is a problem,
where does responsibility of this tower finally rest? Thank you very much. Linda P. Long.
A motion was made by Vice Chairman Powell and carried 5-0 to close the public
hearing for a Special Use Permit (SUP-04-17) Request by Person County Government, on
behalf of the Board of County Commissioners, for a 270’ tall self-supporting
telecommunications tower on 12.26 acres located at 7909 Burlington Rd. (Tax Map &
Parcel # A20-79) in the Rural Conservation Zoning District.
October 2, 2017
24
CONSIDERATION TO GRANT OR DENY REQUEST FOR A SPECIAL USE
PERMIT (SUP-04-17) BY PERSON COUNTY GOVERNMENT, ON BEHALF OF
THE BOARD OF COUNTY COMMISSIONERS, FOR A 270’ TALL SELF-
SUPPORTING TELECOMMUNICATIONS TOWER ON 12.26 ACRES
LOCATED AT 7909 BURLINGTON RD. (TAX MAP & PARCEL # A20-79) IN THE
RURAL CONSERVATION ZONING DISTRICT.
Commissioner Jeffers asked for some of the things that Ms. Long brought up to be
addressed. He asked if there was a liability issue, as the County owned the tower, would
the County be the responsible party to which County Attorney, Ron Aycock stated yes.
Commissioner Jeffers asked to compare the Woodland or Bethel Hill towers similar in
proximity as far as to public structures and/or property. Mr. Goins addressed the proximity
to structures noting each of the towers are located in the rear of each property with the fall
zone within the parcel excluding any structures and designed under the NC Building Code.
The fall zone is restricted within the property.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
request for a Special Use Permit for a 270’ tall self-supporting telecommunications tower
on 12.26 acres located at 7909 Burlington Road as recommended by the Planning Board.
October 2, 2017
25
PUBLIC HEARING:
SPECIAL USE PERMIT (SUP-05-17) REQUEST BY PERSON COUNTY
GOVERNMENT, ON BEHALF OF THE BETHEL HILL CHARTER SCHOOL,
INC., FOR A 300’ TALL SELF-SUPPORTING TELECOMMUNICATIONS
TOWER ON 35.48 ACRES LOCATED OFF OF CLAUDE HALL RD. (TAX MAP
& PARCEL # A67-44) 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 Special Use Permit (SUP-05-17) Request by Person County
Government, on behalf of the Bethel Hill Charter School, Inc., for a 300’ tall self-
supporting telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax
Map & Parcel # A67-44) in the Rural Conservation Zoning District.
The public hearing set to hear a request by Person County Government, on behalf
of the Bethel Hill Charter School, Inc., for a Special Use Permit for a 300’ tall self-
supporting telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax
Map & Parcel # A67-44) 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 Kendrick
administered the Oath of Sworn Testimony to the following individuals who would offer
testimony during the public hearing: Lori Oakley, Caroline Darnell, John Goins, and Sybil
Tate.
Planning Director, Lori Oakley introduced County Planner, Caroline Darnell, who
would be presenting this case, SUP-05-17. Ms. Oakley passed out revised agenda abstracts
and staff analysis reports for this case.
Planner, Caroline Darnell stated all zoning ordinances and state statutes have been
met for this public hearing. Ms. Darnell proceeded to share the following presentation:
October 2, 2017
26
October 2, 2017
27
October 2, 2017
28
October 2, 2017
29
October 2, 2017
30
October 2, 2017
31
October 2, 2017
32
Speaking in favor of the Request by Person County Government, on behalf of the
Bethel Hill Charter School, Inc., for a Special Use Permit for a 300’ tall self-supporting
telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax Map &
Parcel # A67-44) in the Rural Conservation Zoning District were the following:
Mr. John Goins of 326 Tryon Road, Raleigh, and Person County’s Engineer of
Record for the tower projects, stated his availability to answer questions.
Ms. Sybil Tate, Assistant County Manager stated she was available for questions
as well.
Commissioner Puryear asked for the location of the tower on the parcel to which
Ms. Darnell said it would be located in the back corner. Mr. Goins added it was the
northeast corner of the parcel. Ms. Tate said the school was located on a different parcel
to the south of the tower.
There were no individuals appearing before the Board to speak in opposition to the
Request by Person County Government, on behalf of the Bethel Hill Charter School, Inc.,
for a Special Use Permit for a 300’ tall self-supporting telecommunications tower on 35.48
acres located off of Claude Hall Rd. (Tax Map & Parcel # A67-44) in the Rural
Conservation Zoning District.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Special Use Permit (SUP-05-17) Request by Person County Government, on
behalf of the Bethel Hill Charter School, Inc., for a 300’ tall self-supporting
telecommunications tower on 35.48 acres located off of Claude Hall Rd. (Tax Map &
Parcel # A67-44) in the Rural Conservation Zoning District.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A SPECIAL USE
PERMIT (SUP-05-17) BY PERSON COUNTY GOVERNMENT, ON BEHALF OF
THE BETHEL HILL CHARTER SCHOOL, INC., FOR A 300’ TALL SELF-
SUPPORTING TELECOMMUNICATIONS TOWER ON 35.48 ACRES
LOCATED OFF OF CLAUDE HALL RD. (TAX MAP & PARCEL # A67-44) IN
THE RURAL CONSERVATION ZONING DISTRICT:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
request for a Special Use Permit for a 300’ tall self-supporting telecommunications tower
on 35.48 acres located off of Claude Hall Rd as recommended by the Planning Board.
October 2, 2017
33
PUBLIC HEARING:
TEXT AMENDMENT (TA-02-17) REQUEST BY PLANNING STAFF, ON
BEHALF OF THE BOARD OF COMMISSIONERS, TO AMEND APPENDIX C
TABLE OF PERMITTED USES AND APPENDIX B DEFINITIONS OF THE
PERSON COUNTY ZONING ORDINANCE BY ADDING SOLAR ENERGY
SYSTEM AND DEFINITION:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-02-17) Request by Planning Staff,
on behalf of the Board of Commissioners, to amend Appendix C Table of Permitted Uses
and Appendix B Definitions of the Person County Zoning Ordinance by adding Solar
Energy System and definition.
Planning Director, Lori Oakley introduced County Planner, Caroline Darnell, who
would be presenting this case, TA-02-17.
Planner, Caroline Darnell stated all zoning ordinances and state statutes have been
met for this public hearing. She proceeded to give the group the following presentation:
October 2, 2017
34
October 2, 2017
35
October 2, 2017
36
October 2, 2017
37
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Text Amendment (TA-02-17) Request by Planning Staff, on behalf of the
Board of Commissioners, to amend Appendix C Table of Permitted Uses and Appendix B
Definitions of the Person County Zoning Ordinance by adding Solar Energy System and
definition.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment (TA-02-17) Request by Planning Staff, on behalf of the
Board of Commissioners, to amend Appendix C Table of Permitted Uses and Appendix B
Definitions of the Person County Zoning Ordinance by adding Solar Energy System and
definition.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT
AMENDMENT (TA-02-17) REQUEST BY PLANNING STAFF, ON BEHALF OF
THE BOARD OF COMMISSIONERS, TO AMEND APPENDIX C TABLE OF
PERMITTED USES AND APPENDIX B DEFINITIONS OF THE PERSON
COUNTY ZONING ORDINANCE BY ADDING SOLAR ENERGY SYSTEM AND
DEFINITION.
A motion was made by Commissioner Jeffers and carried 5-0 to approve a Text
Amendment to amend Appendix C Table of Permitted Uses and Appendix B Definitions of
the Person County Zoning Ordinance by adding Solar Energy System and Definition as
recommended by the Planning Board noting the text amendment was reasonable and
consistent.
October 2, 2017
38
PUBLIC HEARING:
TEXT AMENDMENT (TA-03-17) REQUEST BY PLANNING STAFF TO AMEND
SECTION 60-6 OF THE PERSON COUNTY ZONING ORDINANCE BY ADDING
LANGUAGE TO ADDRESS THE NUMBER OF DWELLING UNITS ALLOWED
ON EACH PARCEL:
A motion was made by Commissioner Jeffers and carried 5-0 to open the duly
advertised public hearing for a Text Amendment (TA-03-17) Request by Planning Staff to
amend Section 60-6 of the Person County Zoning Ordinance by adding language to address
the number of dwelling units allowed on each parcel.
Planning Director, Lori Oakley stated all zoning ordinances and state statutes have
been met for this public hearing. Ms. Oakley said when reviewing the Zoning Ordinance,
the ordinance contained ambiguity with unclear information related to the number of
principal dwelling units allowed on each parcel. She shared the following presentation:
October 2, 2017
39
October 2, 2017
40
October 2, 2017
41
October 2, 2017
42
October 2, 2017
43
October 2, 2017
44
Commissioner Jeffers asked Ms. Oakley to define a principal dwelling. Ms. Oakley
stated a principal dwelling is the main building or use of a zoning lot.
October 2, 2017
45
Ms. Oakley told the group that since 1991, staff have told citizens to cut off a lot
for an additional use on the property that already has a dwelling. She said staff have been
enforcing one principal dwelling per parcel based on the definitions noting Planning staff
do not want to regulate accessory structures or well houses.
Ms. Oakley stated staff wanted to present the Board with two options in the case
the Board felt multiple dwelling should be allowed. She said the Environmental Health
Director provided her information that the state requires 40,000 sq. ft. in a state mandated
watershed.
Commissioner Puryear asked what happens if the Board takes no action to which
Ms. Oakley said it will be up to the Planning Director’s interpretation noting her goal was
to have clear regulations for principal dwellings for property owners to read in the Zoning
Ordinance. Ms. Oakley confirmed all existing development with accessories would be
grandfathered should the Board approve one of the options presented.
Commissioner Jeffers stated opposition to adding more hoops and expense for
residents.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Text Amendment (TA-03-17) Request by Planning Staff to amend
Section 60-6 of the Person County Zoning Ordinance by adding language to address the
number of dwelling units allowed on each parcel.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a Text Amendment (TA-03-17) Request by Planning Staff to amend Section
60-6 of the Person County Zoning Ordinance by adding language to address the number of
dwelling units allowed on each parcel.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT
AMENDMENT (TA-03-17) REQUEST BY PLANNING STAFF TO AMEND
SECTION 60-6 OF THE PERSON COUNTY ZONING ORDINANCE BY ADDING
LANGUAGE TO ADDRESS THE NUMBER OF DWELLING UNITS ALLOWED
ON EACH PARCEL:
Chairman Kendrick stated his opposition to amend Section 60-6 of the Zoning
Ordinance noting additional facilities are held accountable for required setbacks and the
number of septic uses to meet the state mandated guidelines.
Commissioner Jeffers stated his opposition for a text amendment but he would
consider Option B due to the interpretation by the Director currently is Option A. He said
if the Board does nothing, staff will continue to say one dwelling per parcel.
October 2, 2017
46
Commissioner Clayton stated preference for Option A noting the 40,000 sq. ft.
requirement per parcel within the watershed thereby mandating the same requirement for
the non-watershed parts of the county to have the same guidelines. He added that each
dwelling should be on a determined lot to avoid issues or those unintended consequences.
County Attorney, Ron Aycock explained to the Board that Option B allows what
some of the Board members expressed preference for multiple dwellings per parcel with
compliance of watershed and health requirements. In addition, if the ordinance remains as
written currently, staff interprets for just one dwelling per parcel. In summary, Mr. Aycock
concluded that Option B would give maximum options to the property owner.
Commissioner Puryear stated the County has an appeal process in place where
residents that disagree can take their case to the Planning Board or the Board of
Commissioners. Commissioner Puryear stated preference to leave the ordinance as written.
Ms. Oakley said an appeal would go before the Board of Adjustment.
A motion was made by Commissioner Puryear to leave Section 60-6 of the Person
County Zoning Ordinance as currently written without amendment of either option as
presented by the Planning Director.
A substitute motion was made by Commissioner Jeffers and failed 2-3 to approve
Option B presented by the Planning Staff as the Text Amendment to Amend Section 60-6
of the Zoning Ordinance to address the number of dwelling units allowed on each parcel.
Commissioner Jeffers and Chairman Kendrick voted in support of the substitute motion.
Vice Chairman Powell and Commissioners Clayton and Puryear cast the dissenting votes
to fail the motion.
The original motion to leave Section 60-6 of the Zoning Ordinance as currently
written carried 3-2. Commissioners Puryear and Clayton along with Vice Chairman
Powell voted in favor of the original motion. Chairman Kendrick and Commissioner
Jeffers cast the dissenting votes. The text amendment was rejected and consistent with the
plan.
October 2, 2017
47
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Chairman Kendrick and carried 5-0 to approve the Consent
Agenda with the following items:
A. Approval of Minutes of September 11, 2017,
B. Budget Amendment # 6,
C. Budget Amendment #6a, and
D. NC Education Lottery Application Person High School Press Box in the
amount of $16,000.
NEW BUSINESS:
ADDITIONAL MENTAL HEALTH FUNDING:
Assistant County Manager, Sybil Tate informed the Board that Cardinal
Innovations refunded maintenance of effort monies that was not spent in Fiscal Year 2017
for mental health services. The total amount of the refund was $38,196.
Ms. Tate said staff gathered feedback from the Sheriff’s Office, Health Department,
EMS, the court system, and community groups about the community’s mental health needs.
Based on their input and feedback, Ms. Tate presented a list of one-time appropriations
using the $38,196 refund for Board consideration.
Drug Court- $20,000
40 Naloxone kits and training for first responders- $3,500
Safe room at the hospital for use in mental health crisis - $5,000
Drop boxes at pharmacies - $8,000
Red Ribbon Awareness Campaign through schools- $1,696
Ms. Tate recommended all funds be managed by the Health Department. She asked
the Board to provide staff with feedback about funding recommendation and to approve
the funding, if appropriate.
Commissioner Jeffers requested consideration for mental health initiatives in the
jail. Ms. Tate noted programs for the jail may necessitate recurring funding and/or an
additional staff person.
It was the consensus of the Board for staff to gather information related to
addressing mental health programs for the County’s Jail as a trial for a pilot program.
October 2, 2017
48
NEW NC STATUTE REQUIRES CHANGES TO THE PERSON COUNTY
ANIMAL SERVICES ORDINANCE:
Ron Shaw, Person County Animal Services Director told the group that the North
Carolina General Statue regarding the measures of rabies control changed effective
October 1, 2017. He noted that in this new statute, North Carolina will be using the most
current compendium released by the National Association of State Public Health
Veterinarians in matters regarding Rabies exposure and control. Mr. Shaw presented an
updated Person County Animal Services Ordinance reflecting these changes. Mr. Shaw
requested the Board’s consideration to adopt the Person County Animal Services
Ordinance as presented.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Person County Animal Services Ordinance as presented.
October 2, 2017
49
October 2, 2017
50
October 2, 2017
51
October 2, 2017
52
October 2, 2017
53
October 2, 2017
54
October 2, 2017
55
October 2, 2017
56
October 2, 2017
57
October 2, 2017
58
October 2, 2017
59
October 2, 2017
60
October 2, 2017
61
October 2, 2017
62
October 2, 2017
63
October 2, 2017
64
October 2, 2017
65
October 2, 2017
66
October 2, 2017
67
October 2, 2017
68
October 2, 2017
69
October 2, 2017
70
SALE OF SURPLUS PROPERTY:
Chairman Kendrick stated the Board of Commissioners approved resolutions to
begin the upset bid process for the “Old Hotel” property and the “Old Senior Center”
property. A public notice of sale was advertised in the Courier-Times on September 16,
2017 with a deadline to submit sealed bids by September 25, 2017 at 5:00pm.
Chairman Kendrick updated the Board that no new bids were received for the “Old
Hotel” property. The highest initial bidder, Mr. John Dixon of Roxboro submitted an offer
of $22,500 to purchase the property. The Board of Commissioners has the right to reject
bids at any time; however, should the Board decide to move forward with the sale of the
“Old Hotel” property, the clerk and county attorney can complete the purchasing process.
Chairman Kendrick told the group that the “Old Senior Center” property received
two upset bids: 1) a bid in the amount of $750 and 2) a bid in the amount of $3,000. A
new notice of sale was published in the Courier-Times on September 30, 2017 containing
the new required minimum bid of $3,200 to upset with sealed bids to be submitted to the
Clerk of the Board of Commissioners by 5:00pm on October 9, 2017.
Chairman Kendrick requested Board action to approve the sale of the “Old Hotel”
property and to authorize the execution of the appropriate documents for the sale of the
property.
Chairman Kendrick provided full disclosure that Mr. Dixon is his father-in-law and
asked the County Attorney to address any potential conflict of interest.
County Attorney, Ron Aycock noted Chairman Kendrick desired to recuse himself
as the highest bidder was related to him however state statute mandated Chairman Kendrick
to vote unless there was a personal financial interest to which he deemed was not present.
Commissioner Clayton supported rejecting the bid noting his preference to retain
the property noting there was much activity in that area of town. Tax value on the “Old
Hotel” property was noted at $39,911 and $271,949 for the “Old Senior Center” parcel.
County Manager, Heidi York added that the “Old Senior Center” building had been
condemned for occupancy but could be used for storage.
A motion was made by Commissioner Puryear and carried 4-1 to accept the
highest bid of $22,500 from Mr. John Dixon of Roxboro and to approve the sale of the
“Old Hotel” property and authorize execution of the appropriate documents for the sale.
Commissioner Clayton cast the lone dissenting vote.
October 2, 2017
71
CHAIRMAN’S REPORT:
Chairman Kendrick thanked Vice Chairman Powell for leading the last board
meeting while he was out of town.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers had no report.
Commissioner Clayton gave the Board and staff a copy of the Kerr Tar Regional
Council of Governments Annual Report FY2016/2017 noting the annual banquet was held
on September 28, 2017 in Henderson. He reported he also attended the Nano Technology
Conference in Greensboro.
Commissioner Puryear congratulated the Person County Museum of History’s Gala
celebration of Person County 225th Anniversary.
Vice Chairman Powell commented that the Museum celebration was well
represented.
CLOSED SESSION#1
A motion was made by Vice Chairman Powell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(5) at 8:37pm to establish, or to instruct the
public body's staff or negotiating agents concerning the position to be taken by or on behalf
of the public body in negotiating the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease with the following individuals permitted to attend: County Manager, Heidi York,
Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, and Assistant County
Manager, Sybil Tate.
A motion was made by Commissioner Jeffers and carried 5-0 to return to open
session at 8:41pm.
October 2, 2017
72
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:42pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman