Burke County extends vacate order deadline for Marshallese New Beginning Church to Nov. 14, 2025

The Burke County Board of Commissioners voted 4-0 on Monday to amend its April 10, 2025 order to vacate at the Marshallese New Beginning Church, extending the compliance deadline to Nov. 14, 2025, after reviewing documentation submitted by a licensed contractor on behalf of the church.

The board said the extension is contingent on addressing immediate life-safety issues identified by county staff — primarily electrical hazards — and on prioritized inspections and permits so some residents may remain in the building while renovation work proceeds.

Chief Building Inspector Holden told the board he reviewed stamped architectural drawings and documentation submitted by licensed general contractor Kurt Avey and found that the materials "would meet the code and, work to begin with y'all's decision." Holden said plans show separation of the church from an annex building and that a licensed electrician has proposed work that would "make all the other, hazards safe while it's under construction." The county planning director, Alan Glines, and outside counsel Martha Thompson were present for the administrative review.

Contractor Kurt Avey told the board he plans to provide temporary housing units so two families at a time can be moved out while two apartments are refurbished. "I don't plan on dragging this. I'd like the sooner the better," Avey said, noting the first two apartments could take "probably" about three months to complete but that some site setup — temporary power poles and sewer hookups — must occur first.

Board members pressed Avey and county staff for details about how many units are in the building, where families would stay during repairs and the timeline for inspections and permits. Holden said the structure contains eight residential units for occupants, with an additional mechanical room; earlier discussion in the record said the facility was originally referenced as nine units but the plan under review would keep the count at eight and designate one space as mechanical. Holden estimated work on the full project could take up to six months once permits are pulled and prioritized inspections are scheduled.

Commissioners repeatedly raised legal and liability concerns about allowing residents to remain in portions of a structure that county staff said did not fully meet North Carolina code. One commissioner asked whether the county would remain liable if an incident occurred in a portion of the building that had not been refurbished. County counsel advised that the board's risk is highest if no remedial plan was in place and lower where a documented plan and active work are underway; counsel also described how contractors and owners typically assume the bulk of risk once permits are pulled and licensed professionals perform repairs.

At the meeting the board specifically: accepted the documentation submitted by Kurt Avey on behalf of the Marshallese New Beginning Church; found that documentation showed reasonable progress toward compliance with the board's April 10, 2025 order; amended the order to vacate to extend the compliance deadline to Nov. 14, 2025; and made the extension contingent on immediate remediation of life-safety items and prioritized permitting/inspection so occupants could remain where safe while renovations proceed. The motion passed by an uplifted-hand vote of 4 to 0; Commissioner Burns was absent and did not participate.

The board directed staff and the contractor to prioritize life-safety work (electrical, plumbing, heating/ventilation and mitigation of sewer gas) and to coordinate inspections so work can proceed as quickly as practical. County staff and the contractor discussed bringing two temporary housing units onto the site initially and the option of adding up to four temporary units if needed to move more families out of occupied apartments during long-term refurbishment.

The board noted the county's interest in minimizing liability and urged community assistance to find additional temporary housing if necessary. The board also emphasized that cosmetic work was not part of the immediate scope; the county's conditions focus on bringing the building up to minimum code and life-safety standards.

The board received the documentation and approved the amended deadline by motion; commissioners indicated they expect permits to be applied for promptly and inspections to be scheduled as contractor work commences. The board adjourned following the vote.