10-18-2021 Closed Session Meeting Minutes BOCOctober 18, 2021, Closed Session #1 Page 1 of 2
Person County Board of Commissioners
Minutes of a Closed Session
DATE: October 18, 2021
MEMBERS OF BOARD OF COMMISSIONERS PRESENT:
Chairman Powell,
Vice Chairman Puryear,
Commissioner Gentry (via telephone conference call),
Commissioner Palmer, and
Commissioner Sims
OTHERS PRESENT:
County Manager, Heidi York,
Clerk to the Board, Brenda Reaves,
County Attorney, Ellis Hankins,
Assistant County Manager, Katherine Cathey, and
Planning Director, Lori Oakley
CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session
at 9:47am per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney
in order to preserve the attorney-client privilege and to include the following individuals to attend:
County Attorney, Ellis Hankins, County Manager, Heidi York, Assistant County Manager,
Katherine Cathey, Clerk to the Board, Brenda Reaves and Planning Director, Lori Oakley.
Commissioner Gentry joined the Closed Session #1 via telephone conference call.
Chairman Powell called the Closed Session #1 to order at 9:50am.
County Attorney, Ellis Hankins stated the purpose of the Closed Session was for him to
make the Board aware of a letter received from one of the property owners, Elizabeth Christian,
related to the Special Use Permit request from Berea Solar for a 920-acre solar facility application
that the Board recently denied. Mr. Hankins noted Ms. Christian proposed the Board of
Commissioners to approve a Special Use Permit for her portion of the project (350 acres) under the
current ordinance guidelines and allow her 24-months to find a new solar company, and she would
withdraw all appeal activities. Mr. Hankins said Ms. Christian’s request was an offer of settlement.
Mr. Hankins advised that the Board of Commissioners had no authority to consider or grant the
proposal offered by Ms. Christian. Mr. Hankins, along with the Planning Director, Lori Oakley
noted Ms. Christian would have to submit a new application for a new solar facility on her property.
Mr. Hankins stated based on a verbal conversation with the attorney representing in the
Berea Solar application, Mr. Tom Terrell, the company, Berea Solar no longer existed and they did
not desire to pursue the 920-acre appeal of the Board’s decision as they had concerns when they
learned that were unexploded munitions in that area as some of that property was used as a training
ground during World War II. Mr. Hankins stated that Mr. Terrell did not plan to withdraw the case
from appeals as he did not want to frustrate the ability of the property owners to file appeals.
Mr. Hankins recommended the Board to instruct him to communicate with Ms. Liz
Christian that the Board could not consider her proposal.
October 18, 2021, Closed Session #1 Page 2 of 2
Commissioner Sims asked Mr. Hankins, as the County has a current solar moratorium in
place, how would that affect an appeal or the ability to accept a new solar application. Mr. Hankins
replied that a standing appeal could go to court and he cited a case where the appeal was dismissed
due to the developer had gone away.
It was the consensus of the Board to instruct the County Attorney to communicate with
Elizabeth Christian that Person County would not consider her proposal.
A motion was made by Commissioner Sims and carried 5-0 to return to open session at
10:00am.