Boc minutes june 3 2013
June 3, 2013
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PERSON COUNTY BOARD OF COMMISSIONERS JUNE 3, 2013
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Frances P. Blalock
David Newell, Sr.
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, June 3, 2013 at 7:00 pm in the Person County Office
Building Auditorium.
Chairman Clayton called the meeting to order, led invocation and the Pledge of
Allegiance. Vice Chairman Jeffers attended the meeting via telephone conference call as
he was in Washington, DC.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Newell, and carried 5-0 to add an item to
the agenda related to compensation for the Board of Equalization and Review.
Chairman Clayton requested the Closed Session #3 on the agenda be moved up to
be held as the first Closed Session.
A motion was made by Commissioner Blalock, and carried 5-0 to approve the
agenda as adjusted.
PUBLIC HEARING:
FISCAL YEAR 2013-2014 BUDGET:
A motion was made by Commissioner Puryear, and carried 5-0 to open the duly
advertised public hearing related to the Fiscal Year 2013-2014 budget.
The following individual spoke in favor of the Fiscal Year 2013-2014 Budget:
Mr. Chris Chandler of 5754 Burlington Road, Roxboro advocated for the Board to
create a focus group and implement a survey related to improvements/enhancements at
the Kirby and requested consideration to dedicate funding for such improvements and
delay renovation of the second floor and replacing seating until other items were
addressed. Mr. Chandler suggested the Board consider including Kirby improvements in
any new loans.
The following individuals spoke in opposition to the Fiscal Year 2013-2014
Budget:
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Ms. Pat Hill of 916 Mann Oakley Road, Rougemont and Ms. JoAnne Howerton
of 191 Lewis Winstead Loop Road, Roxboro both addressed the Board for recycling
center funding absent from the budget for expansion and consolidation of the Person
Industries main facility and the recycling center into one facility.
A motion was made by Commissioner Puryear, and carried 5-0 to close the
public hearing for the Fiscal Year 2013-2014 budget.
PUBLIC HEARING:
REQUEST BY STRATA SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A
SOLAR ENERGY GENERATOR ON 30 ACRES OF A 595 ACRE TRACT ON
WOODSDALE ROAD (TAX MAP A58 PARCEL 12) WOODSDALE TOWNSHIP,
OWNED BY LINDSAY AND JOHN WAGSTAFF:
A motion was made by Commissioner Blalock, and carried 5-0 to open the duly
advertised public hearing for a request by Strata Solar, LLC for a Special Use Permit for
a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map
A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff.
The public hearing set to hear a request by Strata Solar, LLC for a Special Use
Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road
(Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff
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.
County Attorney, Ron Aycock explained to the group the quasi-judicial process requires
witnesses to the sworn to provide testimony whereby the Board sits as a judge and listens
to the testimony with no discussions on the topic outside the Board. Chairman Clayton
administered the Oath of Sworn Testimony to the following individuals who would offer
testimony during the public hearing:
Paula Murphy
Lance S. Williams
Brent Niemann
Richard Kirkland
Ben Owen
Planning Director, Paula Murphy stated the County has received a Special Use
Permit request from Strata Solar, LLC, for a solar energy generator on Woodsdale Road
(SR 1326). The company will lease thirty plus acres of a 595 acre tract. Electrical
Generating Facilities are allowed with a Special Use Permit in the Rural Conservation
District.
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Ms. Murphy stated the site plan shows the proposed solar panels with up to
27,000 PV solar panels (approximately 62’ x 14.5’), six 750 kw inverters and access to
the site. The construction of the project includes erecting erosion control measures, pile
driving metal racking (not set in concrete), and installing rows of stationary, silicon based
PV solar panels. These are solid state panels with an estimated useful life of more than
thirty years. The panels create Direct Current Power which is created onsite through the
referenced inverters. Both the panels and inverters are commonly used equipment
available through many manufacturers. The power is then sold through a Power Purchase
Agreement to Progress Energy. Most aspects of the financial contract are regulated
through the North Carolina Utilities Commission. This site is not equipped to store power
and does not involve known hazardous materials.
Ms. Murphy noted this site will not require a well or septic system. The use will
be unmanned and only visited periodically for routine maintenance. Due to the
construction of the solar panels, water is able to flow through, therefore, the panels are
not considered in impervious calculations for the site.
Ms. Murphy further noted the plan shows access to the site off of Woodsdale
Road. The drive is shown as 24 feet in width. The Ordinance requires 20 feet for two
way travel. The Ordinance also requires that travelways and driveways to be paved which
includes a turnaround for emergency vehicles. A driveway permit will have to be
obtained from NCDOT. A six foot chain link fence with barbed wire will enclose the
facility.
PHYSICAL CHARACTERISTICS:
Watershed: This property is located in the Roanoke Basin. Flood Hazard: There
are no one hundred flood areas on the leased area per FEMA Firm Panel Number
3720090800J. There are numerous streams located on the property. Any streams
classified as WS-IV or above will have development restrictions.
CHARACTER OF THE SURROUNDING AREA:
The property in question consists of 30 acres of a 595 acre tract on Woodsdale
Road and is used as farmland with farm buildings and a tenant house. The parcel is
predominantly pasture land with some wooded areas. The surrounding uses consist of
doublewides, singlewides, large vacant tracts, Georgia Pacific and Piedmont Maintenance
Service.
ORDINANCE PROVISIONS:
Article VII, Section 74-4:
Ms. Murphy stated on receiving the recommendation of the Planning Board, the
County Commissioners shall consider the application and said recommendation to which
the Board may grant or deny the Special Use Permit requested. The Special Use Permit,
if granted, shall include such approved plans as may be required. In granting the permit,
the County Commissioners shall find:
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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 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, and
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.
Ms. Murphy outlined Section 160-5(B) of the Zoning Ordinance which states:
“The Planning Board shall provide a written recommendation to the Board of County
Commissioners that addresses that the proposed amendment is consistent with the
comprehensive plan, but a comment by the Planning Board that a proposed amendment is
inconsistent with the comprehensive plan shall not preclude consideration or approval of
the proposed amendment by the Board of County Commissioners. Prior to adopting or
rejecting any zoning amendment, the Board of County Commissioners shall adopt a
statement describing whether its action is consistent with an adopted comprehensive plan
and why such action is reasonable and in the public interest. The land in question is listed
as Suburban Residential which states “Residential land uses including subdivisions and
manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office,
industrial, public/institutional uses meeting locational criteria. Locational criteria for non-
residential uses within this land use category would include frontage and access to a
major State highway or secondary road, proximity to similar uses and spatial separation
from non-compatible uses such as existing residential development. Land uses within this
category could develop with or without public sewer.” The Land Use Plan in Section 2.1
states “Promote continued economic investment through retention and expansion of
existing industrial concerns and the recruitment of new industries and commercial
businesses.”
Ms. Murphy recommended the Board to include the following conditions should
the Board decide to grant approval of the Special Use Permit:
1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be
given to Planning and Zoning prior to issuance of a zoning permit
2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the
approved plan and approval letter to be given to Planning and Zoning prior to
issuance of Zoning Permit.
3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a
Certificate of Occupancy.
4. Access to the site to be minimum of 20 feet in width, parking to accommodate
two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving
surface) for emergency vehicles.
5. Applicant to obtain all Federal, State and Local permits that are required.
6. Applicant to meet all conditions of the Person County Zoning Ordinance.
7. Applicant will need to obtain a Zoning Permit and Building Permit from Person
County prior to any construction.
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Ms. Murphy reminded the Board to address the findings of fact in Section 74-4
and whether the plan is in keeping with the comprehensive plan. Ms. Murphy stated
should the Board find that the request is not in keeping with the comprehensive plan, the
Board may approve the request but to state such.
PLANNING BOARD REVIEW:
The Planning Board held a Public Hearing on May 9, 2013 and voted 4 to 0 to
recommend approval with the conditions outlined above and that it met the findings of
fact in Section 74-4 and was in keeping with the comprehensive plan.
Commissioner Newell asked Ms. Murphy’s recommendation. Ms. Murphy
recommend the Board approve the request with the conditions noting she has been told
that some of the land owned by Mr. Wagstaff would not perk which would be difficult in
the future unless water and sewer is extended.
Vice Chairman Jeffers asked if the barbed wire fence is a requirement by the
Planning Board or if the applicant requested such. Ms. Murphy noted zoning does not
have a requirement on the type of fence, further noting the Board can set requirement
and/or conditions related to the fence since it is a special use permit request. County
Manager, Heidi York asked Ms. Murphy if the fence would be the same fence as located
at the 501 solar farm. Ms. Murphy and Chairman Clayton stated the fence on the 501
solar farm has a woven wire with barbed wire at the top. Ms. Murphy stated the Strata
Solar farm will include a chain link fence with barbed wire. Mr. Lance Williams
interjected that the 501 solar farm is not owned by Strata Solar. Vice Chairman Jeffers
added he would like the Board to be consistent on what is being approved with the solar
farms.
Commissioner Blalock asked if the community was made aware of the solar farm.
Ms. Murphy stated at the Planning Board Public Hearing in May, the room was full of
people. Ms. Murphy illustrated through a large drawing in the room that in the area
proposed, there are a lot of large parcels in the area. Commissioner Blalock asked what
the community response was at the Planning Board Public Hearing. Ms. Murphy stated
residents did not think the solar farms are pretty and would be ugly to look at.
Commissioner Blalock asked if there would be any type of buffer. Ms. Murphy stated a
buffer is not required.
Speaking to the Board as a proponent of the request by Strata Solar, LLC for a
Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on
Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and
John Wagstaff included the following:
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Mr. Lance S. Williams of 1119 S. US 15-501 Highway, Chapel Hill and Manager
of Site Development for Strata Solar presented to the Clerk to the Board and any
commissioners that wished to have copy of affidavits of testimony for himself, Brent
Niemann and Richard Kirkland along with an Appraisal Report prepared by Mr.
Kirkland. The affidavits include written responses for findings of fact. A copy of such
Appraisal Report is incorporated in these minutes by reference and will be on file in the
office of the Clerk to the Board. Mr. Williams told the Board that Strata Solar looks for a
solar farm to be located in a rural, light residential area, in keeping with rural character
noting most company projects are in rural areas. Mr. Williams noted the developed site
generally has 2% of impervious surface so there is no effect to the way the water runs off
the land. Mr. Williams noted solar farms are a much lesser intensive- use than green
houses, barns, houses and subdivisions and compatible in rural areas. Mr. Williams
stated the site would be unmanned and maintenance would on a weekly or infrequent
basis which would create less traffic on the road than one house. No noises should be
heard off-site. Mr. Williams noted the only noise on-site is a hum-noise from the inverter
creating current which is not heard more than 150 feet away noting there are no property
owners very close in general and not within 150 feet. Mr. Williams noted there would be
no odor from the site and also lesser intensive use than the general industrial uses in the
area, i.e. Georgia Pacific or as compared to the permitted agricultural uses. Mr. Williams
stated that the solar farm use is in compliance with the characteristics of the Person
County Land Use Plan.
Mr. Williams stated the land uses are typical of a mix of landlord uses with the
solar farm allowing for diversification of income with a stable supply of income to
supplement more seasonable businesses, for instance, forestry as well as stabilizing the
landowner’s ability to hold onto their land.
Mr. Williams stated Strata Solar will pay taxes on the equipment although not
sure of the exact amount in Person County noted similar projects generally comes to
about $30,000. Mr. Williams noted there would not be any requests for county services
with a low impact on neighbors noting a $12-$14 million investment.
Mr. Williams noted the fence will be a six foot in height with barbed wire further
noting solar farms are safe but to defer vandalism and their incumbent duty to keep it safe
due to the solar panels will create power for 2,000 houses.
Commissioner Blalock asked Mr. Williams the length of the lease. Mr. Williams
stated the lease period is for 20-years with two additional 5-year period options. Mr.
Williams noted a solar panel has a warranty at the end of 25-years to produce at 85% of
its original intended use which could extend the lease period up to 50-years.
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Mr. Williams noted the posts are ground mounted, not in concrete, and the
receiving area would be set up on logging mats that would be picked up when the
company finished with the structure. At the end of the lease period, Mr. Williams stated
the land could revert back to original uses or other uses. Mr. Williams stated minor
grading will be done only in the area for the inverters so to raise the inverters on gravel so
the electrical equipment does not get wet in rain.
Commissioner Blalock asked Mr. Williams how the grass will be maintained.
Mr. Williams stated sheep cannot always keep the growth down so Strata Solar will be
using an internal maintenance crew as well as outside landscape contractors to maintain
solar farms. Mr. Williams noted while employees are not on site, Strata Solar will have
electrical first responders and landscape contractors and other people with businesses in
the community to earn income on a periodic basis at the solar farms. Mr. Williams
commented Strata Solar will work with the local agricultural extension office and NC
State for the best grass option so not to grow high and keep the weeds down noting
fescue turns to hay and not the proper appearance.
Mr. Williams’ affidavit of record is below:
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Mr. Brent Niemann of 1119 S. US 15-501 Highway, Chapel Hill and a licensed
NC professional engineer employed by Strata Solar who prepared the plan as submitted
stated construction techniques include an evaluation of every site for wetlands and
streams. Mr. Niemann noted a couple of features identified on the western side of the site
which will not be impacted at all. Mr. Niemann stated plans have been prepared and
approval received from DENR for the erosion control permit as well as received approval
from NCDOT for the driveway permit noting he will be providing such to Ms. Murphy.
Mr. Niemann stated the proposed site was perfect with nice rolling topography, heavily
covered with grass currently noting Strata Solar does not like to cut trees. Mr. Niemann
noted he met with Mr. Wagstaff and his rancher this past week to discuss opportunities to
connect his fence with Strata Solar’s fence to enable Mr. Wagstaff’s cattle to graze
around the external area of the solar farm site. Mr. Niemann stated Mr. Wagstaff does
raise sheep so Strata Solar will have the opportunity to introduce sheep in a couple of
years once the stand of grass is ready for sheep. Mr. Niemann stated the posts would be
driven into the ground in about three days using an apparatus that NCDOT uses to drive
posts. Attached to the posts will be aluminum racking to which the black panels are
installed and wired together underground in tubing for the energy to be transferred from
direct current to alternating current overhead to the grid according to Mr. Niemann. Mr.
Niemann confirmed the minor grading at the inverter areas to divert the surface drainage.
Mr. Niemann noted a turn-around area plus two parking places is included on the plan as
Ms. Murphy referred.
Mr. Niemann’s affidavit of record is below:
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Mr. Richard Kirkland of 3540 Layton Ridge Drive, Apex and a licensed NC real
estate appraiser with an MAI Designation hired by Strata Solar to review the impact of a
solar farm to adjacent properties. Mr. Kirkland stated he has been a commercial
appraiser for sixteen years in NC who has worked with residential, rural and commercial
properties and very familiar with the Person County area. In looking at the proposed
property, Mr. Kirkland reviewed other solar farms across NC noting solar farms as the
proposed are still a fairly new product, breaking out into the market in the last three years
to which coincides with the downturn of the residential market with very few land sales
which has made the traditional answer for addressing value by matched pair analysis
completely ineffectual. Mr. Kirkland stated he reviewed over 25 solar farms to match
pairs to which he could not find sales which is not uncommon to residential and rural
land which is also hard to find sales the last few years. Mr. Kirkland stated the second
step involved reviewing the conditions that would impact the value, i.e., appearance,
noise, odor, traffic, things that would trigger an effect on value. Mr. Kirkland noted
appearance was a concern at the Planning Board Public Hearing to which he addressed
noting the appearance is similar to that of a greenhouse, in fact, a cleaner look because
there is less going on around it. Mr. Kirkland noted the blue panels have a glossy look,
less than ten feet tall, similarly to the look of a greenhouse (pictures of each are noted in
the report).
Mr. Kirkland stated the property is located on the west side of Woodsdale Road
and is currently used for agriculture and proposed to be developed as a solar farm on
roughly 5% of the overall 600-acre tract. Mr. Kirkland noted the property has 41 parcels
that adjoin the parent tract of the subject property but only four are located at the
proposed solar farm section of the property and are all located across Woodsdale Road to
which the appearance condition would be a factor. Mr. Kirkland stated there was no
basis for noise or odor coming from the solar farm. Mr. Kirkland commented traffic
would be at a minimum and on an infrequent basis for landscaping and such. Mr.
Kirkland noted there would be no hazardous material stored on site.
Mr. Kirkland concluded that the proposed solar farm is in harmony with the area
and will not substantially injure the value of the adjoining properties. Mr. Kirkland
identified nothing that would suggest a negative impact and found the use to be
compatible with the existing farmland and residential uses.
Mr. Kirkland’s affidavit of record is below:
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Speaking to the Board as an opponent of the request by Strata Solar, LLC for a
Special Use Permit for a Solar Energy Generator on 30 acres of a 595 acre tract on
Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale Township, owned by Lindsay and
John Wagstaff was Mr. Ben Owen of 1168 Woodsdale Road, Roxboro.
Mr. Owen stated he was born and raised across the road from the property where
the solar farm would be located noting he has always enjoyed sitting on the porch looking
at the cows and Hagar’s Mountain in the background. Mr. Owen stated it would not be
fun to look at the proposed solar farm. Mr. Owen stated he believed the value of his
house might come down. Mr. Clint Lloyd, attorney for the applicant, Strata Solar,
interrupted Mr. Owen stating that in a hearing in NC only a real estate appraiser is
allowed to speak to the value of land. County Attorney, Ron Aycock stated the attorney
is substantially correct but felt the landowner can testify as to his opinion as to the value
noting the attorney and the applicant is free to appeal, further noting should the Board of
Commissioners grant approval of the request, it would be a moot point. Mr. Lloyd
apologized to Mr. Owen for the interruption. Mr. Owen continued to state if he needed to
go to a rest home, he believed his property would be hard to sell.
Commissioner Puryear asked about a potential glare from the solar panels near
Woodsdale Road that could present a safety issue for drivers. Mr. Williams responded the
solar panels are designed to absorb light and not deflect light and is viewed more
similarly as a body of water noting there are solar farms built around airports across the
United States noting corn from a grain field has higher amount of glare than a solar farm.
Commissioner Blalock asked Mr. Williams how many acres will the solar farm
panels actually cover. Mr. Williams stated the lease is for a little more than 35 acres and
the solar panels will cover 28-30 acres of the 600-acre parcel.
A motion was made by Commissioner Puryear, and carried 5-0 to close the
public hearing for a request by Strata Solar, LLC for a Special Use Permit for a Solar
Energy Generator on 30 acres of a 595 acre tract on Woodsdale Road (Tax Map A58
Parcel 12) Woodsdale Township, owned by Lindsay and John Wagstaff.
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CONSIDERATION TO GRANT OR DENY THE REQUEST BY STRATA
SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY
GENERATOR ON 30 ACRES OF A 595 ACRE TRACTON WOODSDALE
ROAD (TAX MAP A58 PARCEL 12) WOODSDALE TOWNSHIP, OWNED BY
LINDSAY AND JOHN WAGSTAFF:
A motion was made by Vice Chairman Jeffers, and carried 5-0 to approve the
request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on 30
acres of a 595 acre tract on Woodsdale Road (Tax Map A58 Parcel 12) Woodsdale
Township, owned by Lindsay and John Wagstaff as recommended by the Planning Board
including the conditions as outlined below and agreeing that the request met the findings
of fact in Section 74-4 and was in keeping with the comprehensive plan:
1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to
be given to Planning and Zoning prior to issuance of a zoning permit.
2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the
approved plan and approval letter to be given to Planning and Zoning prior to
issuance of Zoning Permit.
3. A final “as built” to be submitted to Planning and Zoning prior to issuance of
a Certificate of Occupancy.
4. Access to the site to be minimum of 20 feet in width, parking to accommodate
two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving
surface) for emergency vehicles.
5. Applicant to obtain all Federal, State and Local permits that are required.
6. Applicant to meet all conditions of the Person County Zoning Ordinance.
7. Applicant will need to obtain a Zoning Permit and Building Permit from
Person County prior to any construction.
Commissioner Blalock suggested consideration for the company to maybe plant
trees across from Mr. Owen’s driveway to possibly block the view of the solar farm.
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PUBLIC HEARING:
REQUEST BY STRATA SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A
SOLAR ENERGY GENERATOR ON 34+ ACRES OF A 479 ACRE TRACT (TAX
MAP A68 PARCEL 9) ON BOSTON ROAD, HOLLOWAY TOWNSHIP, OWNED
BY MARY WINSTEAD MERRITT:
A motion was made by Commissioner Blalock, and carried 5-0 to open the duly
advertised public hearing for a request by Strata Solar, LLC for a Special Use Permit for
a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68
Parcel 9) Holloway Township, owned by Mary Winstead Merritt.
The public hearing set to hear a request by Strata Solar, LLC for a Special Use
Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on Boston Road
(Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead Merritt 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 Clayton
administered the Oath of Sworn Testimony to the following individuals who would offer
testimony during the public hearing:
Paula Murphy
Lance S. Williams
Brent Niemann
Richard Kirkland
Planning Director, Paula Murphy stated the County has received a Special Use
Permit request from Strata Solar, LLC, for a solar energy generator on Boston Road (US
501). The company will lease 34.83 acres of a 479 acre tract owned by Mary Winstead
Merritt. Electrical Generating Facilities are allowed with a Special Use Permit in the
Rural Conservation District. The property is currently used as farmland.
Ms. Murphy noted the site plan shows the proposed solar panels with up to 27,000
PV solar panels (approximately 62’ x 14.5’), ten 500 kw inverters and access to the site.
The construction of the project includes erecting erosion control measures, pile driving
metal racking (not set in concrete), and installing rows of stationary, silicon based PV
solar panels. These are solid state panels with an estimated useful life of more than thirty
years. The panels create Direct Current Power which is created onsite through the
referenced inverters. Both the panels and inverters are commonly used equipment
available through many manufacturers. The power is then sold through a Power Purchase
Agreement to Progress Energy. Most aspects of the financial contract are regulated
through the North Carolina Utilities Commission. This site is not equipped to store power
and does not involve known hazardous materials.
Ms. Murphy stated this site will not require a well or septic system. The use will
be unmanned and only visited periodically for routine maintenance. Due to the
construction of the solar panels, water is able to flow through, therefore, the panels are
not considered in impervious calculations for the site.
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Ms. Murphy stated the plan shows access to the site by an existing gravel drive
off US 501 with a parking area and a turnaround area for emergency vehicles. The drive
is shown as 24 feet in width. The Ordinance requires 20 feet for two way travel. The
Ordinance also requires that the entranceway and driving areas to be paved. A driveway
permit will have to be obtained from NCDOT. A six foot chain link fence with barbed
wire will enclose the facility. Ms. Murphy stated the solar farm as shown on the site plan
meets all conditions of the Zoning Ordinance.
PHYSICAL CHARACTERISTICS:
Watershed: Located in the Roanoke River Basin. Flood Hazard: There are no one
hundred flood areas on the leased area per FEMA Firm Panel Number 3720092900J.
There are numerous streams located on the property. Any streams classified as WS-IV or
above has development restrictions.
CHARACTER OF THE SURROUNDING AREA:
Ms. Murphy noted the property in question consists of 34.83 acres of a 479 acre
tract on Boston Road and is used as farmland. The parcel is predominantly pasture land
with some wooded areas. The surrounding uses consist of single family dwellings,
farmland and an old Truck Service Building.
ORDINANCE PROVISIONS:
Article VII, Section 74-4:
Ms. Murphy told the Board that on receiving the recommendation of the Planning
Board, the County Commissioners shall consider the application and said
recommendation to which the Board may grant or deny the Special Use Permit requested.
The Special Use Permit, if granted, shall include such approved plans as may be required.
In granting the permit, the County Commissioners shall find:
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 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, and
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.
Ms. Murphy stated Section 160-5(B) of the Zoning Ordinance states: “The
Planning Board shall provide a written recommendation to the Board of County
Commissioners that addresses that the proposed amendment is consistent with the
comprehensive plan, but a comment by the Planning Board that a proposed amendment is
inconsistent with the comprehensive plan shall not preclude consideration or approval of
the proposed amendment by the Board of County Commissioners. Prior to adopting or
rejecting any zoning amendment, the Board of County Commissioners shall adopt a
statement describing whether its action is consistent with an adopted comprehensive plan
and why such action is reasonable and in the public interest. The land in question is listed
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as Suburban Residential which states “Residential land uses including subdivisions and
manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office,
industrial, public/institutional uses meeting locational criteria. Locational criteria for non-
residential uses within this land use category would include frontage and access to a
major State highway or secondary road, proximity to similar uses and spatial separation
from non-compatible uses such as existing residential development. Land uses within this
category could develop with or without public sewer.” The Land Use Plan in Section 2.1
states “Promote continued economic investment through retention and expansion of
existing industrial concerns and the recruitment of new industries and commercial
businesses.”
Ms. Murphy stated that should the Board decide to grant approval of the Special
Use Permit, the following conditions should be included:
1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be
given to Planning and Zoning prior to issuance of a zoning permit.
2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the
approved plan and approval letter to be given to Planning and Zoning prior to
issuance of Zoning Permit.
3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a
Certificate of Occupancy.
4. Access to the site to be minimum of 20 feet in width, parking to accommodate
two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving
surface) for emergency vehicles.
5. Applicant to obtain all Federal, State and Local permits that are required.
6. Applicant to meet all conditions of the Person County Zoning Ordinance.
7. Applicant will need to obtain a Zoning Permit and Building Permit from Person
County prior to any construction.
Ms. Murphy reminded the Board to address the findings of fact in Section 74-4
and whether the plan is consistent with the comprehensive plan.
PLANNING BOARD REVIEW:
Ms. Murphy stated the Planning Board held a Public Hearing on May 9, 2013 and
voted 4 to 0 to recommend approval with the conditions outlined above, that it was in
keeping with Section 74-4 and consistent with the comprehensive plan.
Ms. Murphy told the group the technology is basically the same for this solar park
as presented for the previous request.
Commissioner Blalock asked Ms. Murphy if there were any residents to speak at
the Planning Board Public Hearing. Ms. Murphy stated there were none to speak noting
there were two individuals that attended that were in support of the solar farm. Ms.
Murphy showed on a map in the room the footprint is a large parcel to which only a
portion will be used with the farm as the majority of surrounding property. Ms. Murphy
noted property owners bordering the large parcel were notified.
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Commissioner Newell added there are a lot of trees to be moved. It was
confirmed that trees will have to be moved by the Site Development Manager, Mr. Lance
Williams.
Ms. Murphy stated Strata Solar has done a thorough job as the Board can see from
the information in the packet to cover items, i.e., endangered species, streams and
wetlands.
Speaking to the Board as a proponent of the request by Strata Solar, LLC for a
Special Use Permit for a Solar Energy Generator on 34+ acres of a 479 acre tract on
Boston Road (Tax Map A68 Parcel 9) Holloway Township, owned by Mary Winstead
Merritt included the following:
Mr. Lance S. Williams of 1119 S. US 15-501 Highway, Chapel Hill and Manager
of Site Development for Strata Solar presented to the Clerk to the Board and any
commissioners that wished to have copy of affidavits of testimony for himself, Brent
Niemann and Richard Kirkland along with an Appraisal Report prepared by Mr.
Kirkland. A copy of such Appraisal Report is incorporated in these minutes by reference
and will be on file in the office of the Clerk to the Board. The affidavits include written
responses for findings of fact.
Mr. Williams stated this request is very similar to the previous request whereby he
spoke to the rural character of the solar farm as well as diversifying the income for large
landowners to stabilize landholding. Mr. Williams noted this landowner has a historical
site just north of the solar farm site and is looking for ways to make income to maintain
ownership to prevent further dividing of the parcel and to keep the historical land there.
Mr. Williams reminded the Board of the added tax base without the addition of expenses
for services.
Mr. Williams stated, as Commissioner Newell pointed out, the proposed site is an
atypical site for Strata Solar in that a lot of trees will have to be harvested. Mr. Williams
explained the main reason related to a pond with a dam behind it with a separate owned
property near the pond. Mr. Williams pointed to the large map to show where the house
is located near the pond noting the intent was to keep the farm on one side of the
driveway instead of the solar farm being on both sides of the driveway and not to locate
the solar farm behind the dam to risk it giving way. Mr. Williams stated Mr. Niemann
will point out that Strata Solar is held to a higher standard than normal timber operations
noting they will get all the DENR permits as required. Mr. Williams stated initially
Strata Solar thought they would locate the solar farm on both sides of Boston Road as one
side had fields, but upon learning of the long range road plans of Person County and the
State to build a 501 bypass that would come through a portion of that property, it only
made sense to develop the solar farm on the side with the trees based on the future usage
of the other side of the road. Commissioner Blalock stated she had wondered why Strata
Solar would take down trees when there was open land available, but she understood
after his explanation.
June 3, 2013
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Mr. Williams noted there is a substation north of the site that Progress put
in not too long ago with a significant electrical infrastructure that runs from there back to
Roxboro that will support the solar farm project.
Mr. Williams’ affidavit of record is below:
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Mr. Brent Niemann of 1119 S. US 15-501 Highway, Chapel Hill and a licensed
NC professional engineer employed by Strata Solar stated the solar farm site on Boston
Road was not the preferred site due to the amount of trees. Mr. Niemann stated Strata
Solar has not yet completed the plans for DENR but will prior to construction as that time
gets closer noting a driveway permit has been received. Mr. Niemann noted the only
main difference from this request to the previous is that a stream is present that will have
to be permitted with the Army Corp and DWQ noting good experience with the nation-
wide permit.
Mr. Niemann’s affidavit of record is below:
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Mr. Richard Kirkland of 3540 Layton Ridge Drive, Apex and a licensed NC real
estate appraiser with an MAI Designation stated as the previous request, he was asked to
review the impact of the solar farm which involved the same process as outlined in the
last hearing noting first for matched pairs, then the breakout that would cause any impact
on value. Mr. Kirkland stated it was his conclusion that the proposed solar farm would
not have any impact on value nor any negative impact on the adjoining properties and is
consistent with the neighborhood. Mr. Kirkland noted this project is 35 acres of a 479
acre tract, around 7% of the overall tract with the primary adjoining user being the owner
of the property.
Mr. Kirkland’s affidavit of record is below:
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There were no individuals appearing before the Board to speak in opposition to
the request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator
on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway
Township, owned by Mary Winstead Merritt.
A motion was made by Commissioner Blalock, and carried 5-0 to close the
public hearing for a request by Strata Solar, LLC for a Special Use Permit for a Solar
Energy Generator on 34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel
9) Holloway Township, owned by Mary Winstead Merritt.
CONSIDERATION TO GRANT OR DENY THE REQUEST BY STRATA
SOLAR, LLC FOR A SPECIAL USE PERMIT FOR A SOLAR ENERGY
GENERATOR ON 34+ ACRES OF A 479 ACRE TRACT (TAX MAP A68
PARCEL 9) ON BOSTON ROAD, HOLLOWAY TOWNSHIP, OWNED BY
MARY WINSTEAD MERRITT:
A motion was made by Commissioner Newell, and carried 5-0 to approve the
request by Strata Solar, LLC for a Special Use Permit for a Solar Energy Generator on
34+ acres of a 479 acre tract on Boston Road (Tax Map A68 Parcel 9) Holloway
Township, owned by Mary Winstead Merritt as recommended by the Planning Board
including the following conditions and agreeing that the request was in keeping with
Section 74-4 and consistent with the comprehensive plan:
1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be
given to Planning and Zoning prior to issuance of a zoning permit
2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the
approved plan and approval letter to be given to Planning and Zoning prior to
issuance of Zoning Permit.
3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a
Certificate of Occupancy.
4. Access to the site to be minimum of 20 feet in width, parking to accommodate
two vehicles (each 9’ x 18’) and turnaround minimum of seventy feet (driving
surface) for emergency vehicles.
5. Applicant to obtain all Federal, State and Local permits that are required.
6. Applicant to meet all conditions of the Person County Zoning Ordinance.
7. Applicant will need to obtain a Zoning Permit and Building Permit from Person
County prior to any construction.
INFORMAL COMMENTS:
There were no comments from the public.
June 3, 2013
35
APPROVAL OF MINUTES:
A motion was made by Commissioner Blalock, and carried 5-0 to approve the
minutes of May 20, 2013.
TAX ADMINISTRATIVE REPORT:
A motion was made by Commissioner Newell, and carried 5-0 to approve the
Tax Administrative Report noting the Releases for the month of April, 2013.
OLD BUSINESS:
ZONING ORDINANCE PERTAINING TO NONCONFORMING AND
ACCESSORY USES:
Assistant County Manager, Sybil Tate reminded the Board of Commissioners had
originally requested that the Planning Board provide recommendations for amending the
nonconforming use and accessory use sections of the Zoning Ordinance.
Recommendations from the Planning Board were presented to the Commissioners
in October. A public hearing on the recommended changes was conducted at the
Commissioners’ January 7, 2013 meeting at which time the Board asked to further
discuss sections 101-2, 102-1, 60-5 and 60-6 of the current Zoning Ordinance. At the
Board’s April 1, 2013 meeting, the Board approved changes to section 101-2 and decided
to make no changes to section 102-1 and instructed staff to gather information from other
counties regarding zoning regulations of accessory units related to sections 60-5 and 60-6
to be discussed further at the May 20, 2013 meeting. At the May 20, 2013 meeting, the
Board amended section 60-5, deleted section 60-6, added section 60-6A and amended
section 101-7b and asked staff to provide language for grandfathering-in existing
accessory structures, such as old tobacco barns.
Ms. Tate presented to the Board the changes to the zoning ordinance that have
been recommended by the Planning Board and approved by the BOC thus far as well
recommended the following language to allow grandfathering-in of certain accessory
structures:
60-6C 60-6A and 60-6B shall not apply to any barns, hay sheds, or similar
structures existing prior to the adoption of this amendment;
however, this Ordinance shall apply to any new construction of
these structures.
Ms. Tate noted Commissioner Blalock, upon review, requested to amend section
101-6 to delete reference to a certain time period for repair or restoration to begin within
six months and completed within twelve months as follows:
June 3, 2013
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ACTION: Amend section 101-6
If a nonconforming structure or a conforming structure devoted to a nonconforming
activity is destroyed or damaged in any manner, to the extent that the cost of restoration
to its condition before the occurrence shall not exceed 60 percent of the cost of
reconstructing the entire structure based on the assessed structure value, as recorded by
the County Tax Assessor., it may be repaired or restored, provided such repair or
restoration is started within six months of the damage and completed within twelve
months. However, any nonconforming building which is damaged may only be replaced
by a structure of equal or smaller size and square footage as that of the previous structure.
Relief to the time limits may be granted by the Board of Adjustment.
Ms. Tate confirmed for Vice Chairman Jeffers that the amendments reflect the
least restrictive option for accessory structures without any reference to a certain number
of such structures.
A motion was made by Blalock, and carried 5-0 to adopt the Zoning Ordinance
text amendments as presented incorporating the amendment to section 101-6.
Listed below are the Zoning Ordinance text amendments adopted by the Board of
Commissioners:
ACTION: Add
DEFINITIONS:
Nonconforming Building – A building or structure that is not in conformance with the
provisions (Section 75-Table of Dimensional Requirements) of the district in which it is
located.
Nonconforming Lot – Surveyed and recorded lots that met existing zoning regulations
when created but no longer conform with the adopted regulations.
Nonconforming Use – A lawful use of land that does not comply with the use regulations
for its zoning district but which complied with applicable regulations before adoption of
this Ordinance or the predecessor Person County Zoning Ordinance.
ACTION: No change
101-1 Nonconforming uses may not be changed to another
nonconforming use unless the Board of Adjustment determines
that such change shall be no more detrimental to the neighborhood
than the existing use; however, no change of title or possession, or
right to possession of property shall be construed to prevent the
continuance of a nonconforming use.
June 3, 2013
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ACTION: Amend
101-2 Any structure existing at the time of adoption of this Ordinance
which does not comply with setback or yard requirements, or
which exceeds height requirements, may be continued in use but
shall not be enlarged or extended unless such extensions or
enlargements comply with all the provisions of this ordinance. No
enclosed portion of a building may be enclosed if the setback or
height requirements are not met.
ACTION: No change
101-3 Nothing in this ordinance shall be construed to prevent the
reconstruction of any building, conforming or nonconforming,
damaged by any means. However, any nonconforming building
which is damaged may only be replaced by a structure of equal or
smaller size and square footage as that of the previous structure.
No reconstruction or new construction shall be allowed which
creates any new or additional nonconformity than that which
existed at the time of damage.
ACTION: No change
101-4 If a nonconforming use is discontinued for a period of 180 days or
for more than eighteen months in any three year period, the future
use of the building or land must be a conforming use.
ACTION: No change
101-5 A nonconforming use may be changed to a use of higher
classification and whenever the use is changed to a higher or
conforming classification then it shall not be allowed to change to
the original use or to a lower use. For the purposes of this section,
the order of classification of use, form the highest to the lowest
shall be as follows: R, B-1, B-2, GI and RC.
ACTION: Amend
101-6 If a nonconforming structure or a conforming structure devoted to
a nonconforming activity is destroyed or damaged in any manner,
to the extent that the cost of restoration to its condition before the
occurrence shall not exceed 60 percent of the cost of
reconstructing the entire structure based on the assessed structure
value, as recorded by the County Tax Assessor. However, any
nonconforming building which is damaged may only be replaced
by a structure of equal or smaller size and square footage as that of
the previous structure. Relief to the time limits may be granted by
the Board of Adjustment.
June 3, 2013
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Action: Amend
101-7 A nonconforming structure or a conforming structure devoted to a
nonconforming activity that is damaged by any casualty to an
extent more than 60 percent of its assessed value, based on County
Tax Assessor records, shall not be restored except as follows:
a. As a conforming use.
b. If the use is a one-family dwelling, restoration shall be
permitted.
c. For structures except a one family dwelling, restoration of a
nonconforming structure shall require approval by the Board of
Adjustment. A site plan according to Section 80 will be
required. In approving such permit, the Board will consider the
stated purpose for establishing the zoning district in which the
structure is located, the uses in the area immediately
surrounding the structure in question, particularly the other
nonconforming uses, and the hardship which would result from
a denial of the Conditional Use Permit. The permit shall
include conditions as to time for repair to be completed and
any other conditions deemed necessary to carry out the intent
of this section of the ordinance.
ACTION: Delete
101-8 A nonconforming use may be extended or enlarged with a Special
Use Permit provided that the addition is no more than fifty percent
of the original structure and a landscape buffer is provided to
buffer the new portion from adjacent land owners and all setbacks,
height, and area requirements of the Planning Ordinance are met.
Single family dwellings are exempt from Section 101-6.
ACTION: Add
101-9 Nonconforming lots of record: Permitted Structures may be
erected upon any single lot of record at the time of adoption of this
Ordinance, provided the minimum yard requirements are met. A
variance to the zoning ordinance is required if the yard width or
setback requirements can not be met.
ACTION: Add
101-10 The creation of a lot with a width or area smaller than allowed by
existing zoning requirements is prohibited, except by
governmental action, such as a road widening. Any lot, which, by
reason of realignment of a public street or highway or by reason of
condemnation proceedings, has been reduced in size to an area less
than that required by law, shall be considered a nonconforming lot
of record subject to the provisions set forth in this section; and any
June 3, 2013
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lawful use or structure existing at the time of such highway
realignment or condemnation proceedings which would thereafter
no longer be permitted under the terms of this ordinance shall be
considered a nonconforming use or structure as that term is used in
this ordinance.
ACTION: Add
101-11 When any nonconforming use is superseded by a permitted use,
the use shall thereafter conform to the regulations for this district,
and no nonconforming use shall thereafter be resumed.
ACTION: No change
102-1 Nothing in this ordinance shall prevent the restoring or
strengthening of a nonconforming structure to a safe condition,
provided that the square feet of the structure shall not be increased.
ACTION: No change
102-2 Should any nonconforming structure be moved for any reason
within the Zoning Jurisdiction of Person County, it shall conform
to the regulations for the district in which it is to be located.
ACTION: Delete
103-1 In any district, notwithstanding the dimensional requirements for
the district in regards to lot width and minimum area, buildings,
may be erected on any legally created lot of record existing at the
effective date of adoption to this ordinance.
Accessory Structures
ACTION: Amend
An accessory building - An accessory building, structure or use is a building or structure
or use on the same lot or site with, of a nature customarily incidental or subordinate to,
and of a character related to the principal use or structure. Accessory buildings are, but
not limited to: sheds, garages, lean to, storage buildings, carports, pool, but not to include
well houses (not to exceed 6’ x 6’), gazebo or pool house if attached to footprint of pool.
Pools - Pools are considered accessory uses if they are above ground or in ground if not
attached by either a deck or solid material such as brick, stone, concrete, etc. to the
principal structure.
ACTION: Amend
60-5 Unless otherwise specified in this ordinance, accessory buildings
may be allowed within five feet of rear and side yard lot lines.
June 3, 2013
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ACTION: Delete
60-6 Unless otherwise specified in this ordinance, every principal
building hereafter erected or moved shall be located on a separate
lot and in no case shall there be more than one principal building
and three permitted accessory buildings on all lots under three
acres. There shall be allowed one additional accessory building for
every acre over three acres. Industrial operations located in the GI
district shall be exempted from this provision.
ACTION: Add
60-6A Accessory structures may be placed in the front yard, if at least 25ft
from the front property line. For lots located on NC and US
highways, accessory structures may be placed in the front yard, if
at least 40ft from the front property line.
ACTION: Add
60-6B Accessory buildings shall only be allowed on a lot upon which a
primary dwelling, multifamily dwelling, business use or industrial
use exists.
ACTION: Add
60-6C 60-6A and 60-6B shall not apply to any barns, hay sheds, or similar
structures existing prior to the adoption of this amendment;
however, this Ordinance shall apply to any new construction of
these structures.
NEW BUSINESS:
CDBG MONTHLY REPORTING:
County Manager, Heidi York presented to the Board the CDBG monthly activities
report and a Monthly Performance Status Report for May 2013 that is due to be
submitted to the Division of Community Assistance.
A motion was made by Commissioner Blalock, and carried 5-0 to accept the
monthly report as presented.
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BUDGET AMENDMENT:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Chairman Clayton, and majority vote (5-0), the Board of
Commissioners of Person County does hereby amend the Budget of the Fund(s) listed
below on this, the 3rd day of June 2013, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 58,524
Human Services 201,677
Culture & Recreation 7,597
REVENUES General Fund
Intergovernmental Revenues 206,527
Other Revenues 4,654
Charge for Services 56,617
EXPENDITURES Airport Capital Projects Fund
Vis100-2010 (7,200)
RW-6&24 PAPI Survey 7,200
REVENUES Airport Capital Projects Fund
Federal-Vis100-2010 (6,480)
Federal-RW-6&24 PAPI Survey 6,480
Local-Vis100-2010 (720)
Local-6&24 PAPI Survey 720
EXPENDITURES Capital Improvements Projects Fund
Transfer to Courthouse Renov & Roofing Project 136,655
REVENUES Capital Improvements Projects Fund
Fund Balance Appropriation 136,655
EXPENDITURES Courthouse Renovation & Roofing Project Fund
Courthouse Renovation Construction 145,000
REVENUES Courthouse Renovation & Roofing Project Fund
Interest Earnings 8,345
Transfer from CIP Project 136,655
Explanation:
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Appropriating additional revenue received for Concealed Weapons Fees ($1,180);
Judicial Transports ($1,640); Jail Fees and Concessions ($3,257); Commissions and
Sales on Inmate Phone Cards ($2,844); Past Due EMS Fee Collections ($46,311);
Animal Fees, Rabies Vaccinations and Animal Services Donations ($2,117); Spay and
Neuter Program and Reimbursement Revenues ($1,175); Adjustments in Health
Department Grants including the Health Communities Grant ($12,480), Medical
Reserve Corps ($4,000), Community Transformation Grant ($150,000), Breast &
Cervical Grant ($4,700), and Environmental Health Grant ($5,000); Public Library
received a new grant from the Rural Economic Development Center ($5,000) to cover
an internship program and related costs; various program adjustments ($25,154) and a
donation ($150) in DSS; utilizing a portion of 2010 Vision 100 Funds (-$7,200) in the
Airport Construction Fund to cover additional work for Runways 6 & 24 ($7,200); and
using available and applicable funds in the CIP Fund ($136,655) and accrued interest
($8,345) in the Courthouse Renovation Project Fund to cover remaining project
expenditures in the Courthouse Renovation Project Fund.
Commissioner Blalock asked Ms. Wehrenberg what areas are due to be completed
with the Courthouse Renovation Project Fund. Ms. Wehrenberg stated all the roofing
associated with that project has been completed and it will cover any remaining items due
to be complete by the end of this month.
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COMPENSATION FOR THE BOARD OF EQUALIZATION AND REVIEW:
Commissioner Newell stated he was asked to address the Board concerning the
time to fulfill the Board of Equalization and Review appeal process related to the $50
compensation rate to be increased to $250 however; he felt in all fairness a rate of $150 is
more in order. Commissioner Newell stated the shortest meeting has been 3 hours with
the longest 5 ½ hours. Commissioner Newell requested consideration to raise the Board
of Equalization and Review member stipend from $50 to $150.
County Manager, Heidi York stated prior to the creation of a special Board of
Equalization and Review, there was no compensation. Ms. York noted the intention was
to keep the session to a 3 hour block to which $10,000 was budgeted for the remainder of
the current fiscal year. Ms. York further noted if an increase in compensation is
approved, additional funds would need to be allocated.
Tax Administrator, Russell Jones stated there has been a push by the Tax Office
and the budget process to get the appeals completed by June 30, 2013. Mr. Jones noted
eight more meeting days are scheduled and there is a need to add an extra day or to
extend the meetings longer than the 3 hour sessions. Mr. Jones told the group that the
Board of Equalization and Review has been meeting three days per week. Mr. Jones
noted the budget for next fiscal year will be impacted as well with an increase in the
stipend.
Mr. Jones stated 17 meetings have been scheduled not including the training
meetings. Mr. Jones requested clarification if the training meetings would be subject to
the stipend as well as it was his understanding that Commissioner Newell would like the
increase in the rate to be retroactive. Commissioner Newell stated he did not think the
training meetings should be subject to the stipend.
Commissioner Blalock summed up that 17 meetings with 5 members at $150 per
meeting would total $12,750. Mr. Jones stated he would be able to stay within the budget
with the increase set at $100 per meeting but anything higher would dictate additional
funding. Again, Mr. Jones commented on the need for additional budgeted funds for next
fiscal year, even though it will not be a revaluation year noting that once citizens get their
tax bill this year, they may want to appeal next year. Commissioner Newell stated the
watershed requirements will be more known and its effect on the value of property next
fiscal year as well.
A motion was made by Commissioner Blalock, to double the current
compensation rate for the Board of Equalization and Review to $100 per meeting
retroactive but not to include the training meetings so to stay within the budget.
Vice Chairman Jeffers asked Commissioner Newell is his request was a
recommendation of the Board of Equalization and Review. Commissioner Newell
confirmed such.
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Commissioner Puryear asked Mr. Jones if any other Board of Equalization and
Review members have declined compensation for serving. Mr. Jones confirmed that
Commissioner Puryear was the only member to decline noting there is a member that was
willing to decline compensation for a portion of the meetings. Mr. Jones added he
initially polled other counties to compare Board of Equalization and Review
compensation for its members and the results noted a stipend of $100 or less other than
one case whereby a Chairman was compensated at a higher rate. Ms. York stated staff
had recommended the average of $50 initially based on the poll provided to the Board of
Commissioners during the appointment process.
A substitute motion was made by Vice Chairman Jeffers to raise the Board of
Equalization and Review compensation rate to $150 per meeting retroactive not to
include the training meetings.
Commissioner Puryear stated his support for the $150 rate for the appointed
members noting his preference for the commissioner representatives to only receive the
$50 compensation rate. Commissioner Puryear did not want the commissioners
participating on the Board of Equalization and Review to in effect give themselves a raise
as he views the task as a duty/responsibility of an elected official. Commissioner Puryear
asked Vice Chairman Jeffers to amend the motion to such prior to the vote. Vice
Chairman Jeffers stated his motion stands based on Commissioner Newell and the Board
of Equalization and Review’s recommendation.
The substitute motion carried by majority vote 3-2. Vice Chairman Jeffers,
Commissioner Newell and Chairman Clayton voted in favor of the substitute motion.
Commissioners Blalock and Puryear cast the dissenting votes.
CHAIRMAN’S REPORT:
Chairman Clayton had no report
MANAGER’S REPORT:
County Manager, Heidi York reminded the Board of the next scheduled budget
work session is June 10, 2013 at 6:00 pm in the Board’s usual meeting room and asked
the Board members to send along any topics for the agenda to her.
COMMISSIONER REPORT/COMMENTS:
There were no reports/comments from the commissioners.
June 3, 2013
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CLOSED SESSION #1
A motion was made by Chairman Clayton, and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(4) for the purpose of discussion of matters
relating to the location or expansion of industries or other businesses in the county
(economic development) at 8:39 pm and to permit the following individuals to attend:
County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Economic
Development Director, Stuart Gilbert, County Attorney, Ron Aycock Assistant County
Manager, Sybil Tate and Homestead Steakhouse owners, Randy and Debby Cash. IT
Staff member, Chris Puryear was allowed to attend to facilitate the telephone conference
call with Vice Chairman Jeffers.
A motion was made by Commissioner Newell, and carried 5-0 to return to open
session at 9:10 pm.
A motion was made by Commissioner Newell, and carried 5-0 to approve a
Resolution Supporting Person County submitting economic development infrastructure
grants totaling up to $35,000 to the NC Rural Center to assist local businesses in gas line
extensions with such uses of funds granted to be in compliance with the NC Economic
Development law.
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CLOSED SESSION #2
A motion was made by Chairman Clayton, and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property at 9:12 pm and to permit the following individuals to attend: County Manager,
Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant
County Manager, Sybil Tate, General Services Director, Ray Foushee, Person Industries
Director, Wanda Rogers, Person Industries and Assistant Director, Becky Clayton. IT
Staff member, Chris Puryear was allowed to attend to facilitate the telephone conference
call with Vice Chairman Jeffers.
A motion was made by Commissioner Blalock, and carried 5-0 to return to open
session at 9:26 pm.
CLOSED SESSION #3
A motion was made by Chairman Clayton, and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property at 9:27 pm and to permit the following individuals to attend: County Manager,
Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant
County Manager, Sybil Tate, IT Director, Gary Latta, and IT Staff, Chris Puryear.
A motion was made by Commissioner Blalock, and carried 5-0 to return to open
session at 9:30 pm.
June 3, 2013
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RECESS:
A motion was made by Chairman Clayton, and carried 5-0 to recess the meeting
at 9:30 pm until June 10, 2013 at 6:00 pm in the Board’s usual meeting room for the
purpose of holding a budget work session.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman