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01-16-2024 Agenda Packet BOCPERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 January 16, 2024 9:00 a.m. This meeting will convene in Room 215 of the County Office Building. CALL TO ORDER………………………………………………….. Chairman Powell INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA PUBLIC HEARING: ITEM #1 (pgs. 4-27) Petition SUP-05-23 – A request by the Applicant and Property Owner, Brandon Patrick, of Patrick Property Management, LLC, for Special Use Permit (SUP) approval to allow for open storage on a ±2.0-acre lot located at the southwest corner of the Semora Rd. and Skylark Dr. intersection (Tax Map No. A3 158 & Parcel Identification No. 9959-00-96-8791.000), per Section 155 of the Planning Ordinance……………………………………………… Chris Bowley 1 CONSIDERATION TO GRANT OR DENY REQUEST ITEM #2 Conideration to Grant or Deny Request by the Applicant and Property Owner, Brandon Patrick, of Patrick Property Management, LLC, for Special Use Permit SUP-05-23, to allow for open storage on a ±2.0-acre lot located at the southwest corner of the Semora Rd. and Skylark Dr. intersection (Tax Map No. A3 158 & Parcel Identification No. 9959-00-96-8791.000), per Section 155 of the Planning Ordinance…………………………………..................... Chairman Powell INFORMAL COMMENTS The Person County Board of Commissioners established a 10-minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. ITEM #3 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of December 4, 2023 (pgs. 28-78), B.Approval of Minutes of December 7, 2023 (pgs79-90), C.Budget Amendment #16 (pg.91), and D.Certificate of Clerk- Approval of Tax-Exempt Loan to Timberlake Fire and Rescue, Inc. from Roxboro Savings Bank (pgs.92-94) NEW BUSINESS: ITEM #4 (pgs.95-97) Resolution Creating a Consolidated Human Services Agency that the Board of Commissioners will Govern and Related Actions ……………………………… Katherine Cathey ITEM #5 (pg.98) Addition of Veteran’s Services Officer Position……………… Katherine Cathey CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS 2 CLOSED SESSION #1 A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr. , and Person County Sheriff Jason Wilborn. CLOSED SESSION #2 A motion to enter into Closed Session # 2 per General Statute 143-318.11(a)(5) 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 (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., Finance Director Amy Wehrenberg, and General Services Director Ray Foushee. CLOSED SESSION #3 A motion to enter into Closed Session #3 per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, and County Attorney T.C. Morphis, Jr. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 3 1 AGENDA ABSTRACT Meeting Date: January 16, 2024 Agenda Title: SUP-05-23 – A request by the Applicant and Property Owner, Brandon Patrick, of Patrick Property Management, LLC, for Special Use Permit (SUP) approval to allow for open storage on a ±2.0-acre lot located at the southwest corner of the Semora Rd. and Skylark Dr. intersection (Tax Map No. A3 158 & Parcel Identification No. 9959-00-96-8791.000), per Section 155 of the Planning Ordinance. Summary of Information: The ±2.0-acre vacant Subject Property is directly west of and adjoining the commonly-owned property located at 33 Skylark Dr. for NC Marine and TMT Mobile Technician businesses (NC Marine site). The adjacent property received Conditional Use Permit (CUP-03-19) approval from Person County (County) in 2019 to develop a boat and accessory retail sales and service within a B-2 zoning district. The proposed open storage use on the Subject Property, through the SUP-05- 23 application, will be a separate, but compatible and ancillary use to the adjacent NC Marine site. A Site Plan was provided by the Applicant that follows Section 155 of the Planning Ordinance and associated regulations. The zoning and land use classifications are consistent and compatible, as the Subject Property is within a B-2 (Highway Commercial) district with multiple contiguous parcels to provide a neighborhood shopping area. Further, the following Guiding Principle supports Special Use Permit Application SUP-05-23 and the development of open storage on the Subject Property: Guiding Principle No. 2 – Facilitating Sustainable Economic Growth – Guiding Principle No. 2.1 – Reserve sufficient developable land and sites to support economic growth. The proposed SUP application allows for business expansion and diversification adjacent to a similarly- situated land use. Recommended Action: Per the Person County Planning Ordinance, the Board of Commissioners shall also address a “Findings of Fact” as listed in Section 155, to determine if the proposed use supports the Comprehensive Plan. From the Findings of Fact criteria listed in Section 155-3(b), approval of Special Use Permit Application SUP-05-23 supports the four Findings of Fact listed below: 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. – as provided on the Site Plan, there are no materials or operations being proposed that will materially endanger public health or safety upon development. 2.That the use meets all required conditions and specifications. – the proposed use meets all of the requirements of the County and shall meet the proposed Conditions of Approval for this SUP application, prior to Zoning Permit issuance. 4 2 3.That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. – the proposed open storage use is typically a low-intensity passive use. However, as a passive use, frequent property maintenance is needed for daily upkeep and to ensure that the Subject Property does not negatively impact area property values. The proposed Conditions of Approval shall be provided in the Written Order for property management. 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. – the proposed open storage use will be within an existing commercial zoning district of B-2. The proposed use is ancillary and supportive of the existing NC Marine business located directly adjacent to the Subject Property, as well as consistent with the Comprehensive Plan. Based on the above, the Planning & Zoning Department staff recommends that the Board of Commissioners approve Special Use Permit SUP-05-23 for the Patrick Property Management, LLC, Open Storage Lot, with the following conditions: 1.The Applicant obtains all required permits from Person County Environmental Health Department, Planning & Zoning Department, and Inspections Department, as well as required permits from any other agency to achieve construction, operations, and maintenance of the Subject Property; 2.The Subject Property shall not be used for retail use and the proposed ice machine is removed from the Site Plan for Written Order approval; 3.The approval for SUP-05-23 only applies to the Subject Property located at Tax Map No. A3 158, with Parcel Identification No. 9959-00-96-8791.000, and not expand onto adjacent properties with Tax Map No. A3 153 & A3 159, without following Section 155-4 of the Planning Ordinance; 4.The Applicant or tenant shall not park or store vehicles within public rights-of-way and maintain rights-of-way, due to use of the Subject Property; 5.The Applicant or tenant shall provide unrestricted access in perpetuity to the property directly to the south at Tax Map No. A3 130 and Parcel Identification No. 9969-00-05-5488.000 through the existing 15-ft. wide access easement; and 6.The Applicant or tenant shall provide continual property maintenance that does not impact adjacent properties, to include maintenance of the perimeter security fence, electric gates, security key pads, fire safety access, and directional-downward security lighting. Submitted By: Chris Bowley, AICP, Planning & Zoning Director 5 6 7 8 9 10 Patrick Open Storage LotSPECIAL USE PERMIT APPLICATIONSUP –05 –2311 Patrick Open Storage Lot (SUP‐05‐23)IntroductionThe Subject Property is ±2.0‐acresGenerally located at the southwest corner of the Semora Rd. & Skylark Dr.intersectionAdjacent to the NC Marine facilityProvides secure boat storage near Hyco Lake & economic developmentFollows Planning Ordinance criteria for location in B‐2 & is consistent with Comp PlanCompatible land use to existing adjacent use12 Patrick Open Storage Lot (SUP‐05‐23)Exhibit A: General Map13 Patrick Open Storage Lot (SUP‐05‐23)Exhibit B: Aerial Photo14 Patrick Open Storage Lot (SUP‐05‐23)Exhibit C: Future Land Use Map15 Patrick Open Storage Lot (SUP‐05‐23)Exhibit D: Zoning Map16 Patrick Open Storage Lot (SUP‐05‐23)Exhibit E: Site Plan17 Patrick Open Storage Lot (SUP‐05‐23)Findings of FactPer the Person County Planning Ordinance, the Board of Commissioners shall also address a “Findings of Fact” as listed in Section 155, todetermine if the proposed use supports the Comprehensive Plan. From the Findings of Fact criteria listed in Section 155‐3(b), approval ofSpecial Use Permit Application SUP‐05‐23 supports the four Findings of Fact listed below:1.That the use will not materially endanger the public health or safety if located where proposed and developed according to theplan as submitted and approved.– as provided on the Site Plan, there are no materials or operations being proposed that willmaterially endanger public health or safety upon development.2.That the use meets all required conditions and specifications. – the proposed use meets all of the requirements of the County andshall meet the proposed Conditions of Approval for this SUP application, prior to Zoning Permit issuance.3.That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity.–theproposed open storage use is typically a low‐intensity passive use. However, as a passive use, frequent property maintenance isneeded for daily upkeep and to ensure that the Subject Property does not negatively impact area property values. The proposedConditions of Approval shall be provided in the Written Order for property management.4.That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony withthe area in which it is to be located and in general conformity with the Comprehensive Plan.– the proposed open storage use willbe within an existing commercial zoning district of B‐2. The proposed use is ancillary and supportive of the existing NC Marinebusiness located directly adjacent to the Subject Property, as well as consistent with the Comprehensive Plan.18 Patrick Open Storage Lot (SUP‐05‐23)Staff Recommendation & Potential MotionBased on the above, the Planning & Zoning Department staff recommends that the Board of Commissioners approve Special Use PermitSUP‐05‐23 for the Patrick Property Management, LLC, Open Storage Lot, with the following conditions:1.The Applicant obtains all required permits from Person County Environmental Health Department, Planning & Zoning Department,and Inspections Department, as well as required permits from any other agency to achieve construction, operations, andmaintenance of the Subject Property;2.The Subject Property shall not be used for retail use and the proposed ice machine is removed from the Site Plan for Written Orderapproval;3.The approval for SUP‐05‐23 only applies to the Subject Property located at Tax Map No. A3 158, with parcel identification number9959‐00‐96‐8791.000, and not expand onto adjacent properties with Tax Map No. A3 153 & A3 159, without following Section 155‐4 of the Planning Ordinance;4.The Applicant or tenant shall not park or store vehicles within public rights‐of‐way and maintain rights‐of‐way, due to use of theSubject Property;5.The Applicant or tenant shall provide unrestricted access in perpetuity to the property directly to the south at Tax Map No. A3 130and parcel identification number 9969‐00‐05‐5488.000 through the existing 15‐ft. wide access easement; and6.The Applicant or tenant shall provide continual property maintenance that does not impact adjacent properties, to includemaintenance of the perimeter security fence, electric gates, security key pads, fire safety access, and directional‐downward securitylighting.19 Patrick Open Storage Lot (SUP‐05‐23)Thank You20 21 22 23 24 25 26 27 December 4, 2023 1 PERSON COUNTY BOARD OF COMMISSIONERS December 4, 2023 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Kyle W. Puryear S. Ellis Hankins, County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, December 4, 2023 at 7:00 p.m. in the County Office Building Auditorium located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order. Chairman Powell offered an invocation and Commissioner Sims led the group in the Pledge of Allegiance. ORGANIZATION OF BOARD County Attorney Ellis Hankins stated, as noted in the Board’s Rules of Procedure, the Board would convene its organization of the Board. Hankins proceeded to the nomination and election of the Board of Commissioners’ Chairman noting if multiple nominations were received, he would ask the Board to vote in the order of the nomination. Hankins called for nominations for Chairman of the Board of Commissioners. Commissioner Puryear nominated current Chairman Powell. No other nominations were received. Hankins called for a vote on the nomination of Board Chair. All Board members voted in favor of current Chairman Powell to be Board Chair. Powell thanked fellow Board members and stated it was an honor and privilege to be nominated Chairman by his peers and to continue to serve the people of Person County. Chairman Powell called for nominations for Vice Chairman of the Board. Commissioner Palmer nominated current Vice Chairman Sims. No other nominations were received. Powell called for a vote on the nomination of Vice Chairman. All Board members voted in favor of current Vice Chairman Sims to be Vice Chairman. Sims thanked fellow Board members for the nomination. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Palmer and carried 5-0 to approve the agenda. 28 December 4, 2023 2 PUBLIC HEARING: REZONING MAP/AMENDMENT APPLICATION RZ-02-23 IS A REQUEST BY THE APPLICANT, PUBLIC SERVICES COMPNAY OF NORTH CAROLINA, INC./DOMINION ENERGY NORTH CAROLINA (DENC) TO AMEND THE ZONING DESIGNATION ON ±485.68-ACRES OF THE MORIAH ENERGY CENTER SITE, LOCATED AT 6401 HELENA MORIAH RD, from RC (RURAL ONSERVATION) and R (RESIDENTIAL) to GI (GENERAL INDUSTRIAL) A motion was made by Commissioner Sims and carried 5-0 to open the duly advertised public hearing for Rezoning/Map Amendment Application RZ-02-23 a request by the Applicant, Public Service Company of North Carolina, Inc./Dominion Energy North Carolina (DENC) to amend the zoning designation on ±485.68-acres of the Moriah Energy Center site, located at 6401 Helena-Moriah Rd., from RC (Rural Conservation) and R (Residential) to GI (General Industrial) Planning & Zoning Director Chris Bowley shared the following presentation for the Rezoning/Map Amendment Application RZ-02-23. 29 December 4, 2023 3 30 December 4, 2023 4 31 December 4, 2023 5 32 December 4, 2023 6 33 December 4, 2023 7 34 December 4, 2023 8 Bowley turned the presentation over to Dominion Energy’s VP and General Manager, Rusty Harris. Harris gave a brief introduction of himself and Dominion Energy’s plan for the Moriah Energy Center (MEC). Harris stated that Dominion Energy has proposed a 25,000,000-gallon liquified natural gas (LNG) storage facility with future expansion capabilities in Person County. Harris advised there is increased demand for natural gas in North Carolina. He advised natural gas from Dominion Energy’s system that currently serves the area would be liquefied on site, stored in the facility, and then turned back into natural gas during high demand periods. Harris advised that the liquefied natural gas (LNG) will be transported using the existing Dominion Energy underground pipeline system already serving customers in the area and on the facility’s property. Harris stated the MEC would serve Dominion Energy’s natural gas customers in the region. Harris discussed the proposed acquisition of Dominion Energy by Enbridge. Harris introduced his colleague, Aaron Lyons, who shared the following presentation: 35 December 4, 2023 9 36 December 4, 2023 10 37 December 4, 2023 11 38 December 4, 2023 12 39 December 4, 2023 13 Hankins asked Bowley to read the list of Permitted Uses in the GI (General Industrial) Zoning District from the Person County Planning Ordinance. Bowley read the Table of Permitted Uses in the GI Zoning District from Appendix C, which is located in the Person County Planning Ordinance. 40 December 4, 2023 14 41 December 4, 2023 15 42 December 4, 2023 16 43 December 4, 2023 17 44 December 4, 2023 18 45 December 4, 2023 19 46 December 4, 2023 20 47 December 4, 2023 21 48 December 4, 2023 22 49 December 4, 2023 23 50 December 4, 2023 24 51 December 4, 2023 25 52 December 4, 2023 26 53 December 4, 2023 27 54 December 4, 2023 28 55 December 4, 2023 29 There were no individuals appearing before the Board to speak in favor of the public hearing for Rezoning/Map Amendment Application RZ-02-23 a request by the Applicant, Public Service Company of North Carolina, Inc./Dominion Energy North Carolina (DENC) to amend the zoning designation on ±485.68-acres of the Moriah Energy Center site, located at 6401 Helena-Moriah Rd., from RC (Rural Conservation) and R (Residential) to GI (General Industrial). The following individuals spoke in opposition to the public hearing for Rezoning/Map Amendment Application RZ-02-23 a request by the Applicant, Public Service Company of North Carolina, Inc./Dominion Energy North Carolina (DENC) to amend the zoning designation on ±485.68-acres of the Moriah Energy Center site, located at 6401 Helena-Moriah Rd., from RC (Rural Conservation) and R (Residential) to GI (General Industrial). Zika Wolfe of 106 Thunder Rd., Rougemont, stated that she has lived in Person County for 25 years and has a small house on 10 acres of land less than a mile from the proposed Moriah Energy Center site. She stated that she has lived in many places to include, Kansas, Boston, New York, Denver, and Puerto Rico. She stated that when she moved to NC, she resided in Orange County and Chatham County before making what she thought would be her final move to Person County. She stated that moving around a lot taught her that what she really wanted was the peace and quiet of rural living, and Person County fit that need. She stated that she drives 20 minute for a supermarket, but that is a small price to pay for no nearby industrial parks or police sirens wailing night and day. She stated that she wakes up daily and gives thanks for the seclusion, quite wildlife, and well water. She stated this proposed project has turned her dream into a nightmare. She pleaded to the Board to please vote no to this rezoning and leave the rural life intact. Mary Bennett of 86 Elderberry Ln., Rougemont, wanted clarification from the Board on whether or not they did a risk-benefit analysis upon entering into discussions with Dominion Energy. She stated that she trusts that at that time, the Board determined that the benefits outweighed the risks. She stated that the potential risks are greater than what they may have first known. She mentioned the Huntersville, NC plant, and the well waters that were contaminated. She stated that this incident was due to human error, and there is no way to protect from human error, malfunction of equipment, and natural disasters. Andrea Childers of 270 Blackberry Ln., Rougemont, stated that she has lived in Person County for 31 years. She stated that she would like to resubmit a copy of questions from Person County residents and wished to provide them for reference as she indicated they are crucial factors for the Board’s consideration prior to approval. She stated on November 15, 2021, four of the five Commissioners signed the Joint Comprehensive Land Use Plan. She indicated on page 6 of the plan, it states a number of residents who call Person County home, commute into Raleigh-Durham for work. 56 December 4, 2023 30 Childers advised that the statement on page 6 is referring to her husband and herself. She stated that for her husband, the long commute was far outweighed by being able to have a big garden and to sit in his tree stand before work. She stated that when she and her husband were looking for a place in the country to live, there is no way they would have considered the area if there was an LNG storage facility nearby. She stated the first principal of The Comprehensive Land Use Plan that four of the Commissioners signed states, “Celebrating Our Rural Character and Life Style”. She proceeded to state that she recognizes that this is not a legally binding document; however, the Commissioners did spend taxpayer’s money to develop it. She stated that by the Commissioners signing the Comprehensive Land Use Plan, they pledged they would uphold and respect the statements of the plan. She stated that the Moriah Energy Center is clearly a contradiction to the six characteristics listed under rural and that if the Commissioners vote to rezone for this project, they would be going back on that pledge. Childers stated if you break this pledge with Moriah, which community is next? Bushy Fork? Olive Hill? Allensville? Providence? She advised the Commissioners that they would be sending a message to all of their constituents that they are not safe in their own homes any longer. She stated that only Dominion stands to profit from this facility. She stated that the facility is bad for Moriah, its people, wildlife, the environment, the economy, and Person County. Karolyn Mangeot of 112 Elderberry Ln., Rougemont, stated that she has spoken to people who were at the Planning Board meeting and were not heard, so they did not come out to the Board of Commissioners meeting tonight as they felt they would not be heard at this meeting as well. She stated that she has spoken with Dominion Energy representatives many times and they are nice and kind people. She stated that Dominion Energy is speaking to you only out of the need for their job, and the people of Person County are speaking to you because they love this county and live here. She stated Dominion Energy does not live here; please consider that when making a decision. She stated that she spoke with someone last week that has ties to the Economic Development Commission and they advised her that the land would be taken by eminent domain. She stated that that remark and the Planning Board would not listen to the people, makes it sound like our government is going against its own people. Alan Booker of 76 Cobble Brook Dr., Rougemont, asked if the Board had looked over the 108 questions presented to them at a previous meeting and wanted answers to the questions, which were compiled by residents of Person County. Booker asked what the advantages of this project are. He stated that the people are here tonight because the Board is not responding to their constituents. 57 December 4, 2023 31 Mary Kay Doyle of 100 Elderberry Ln., Rougemont, thanked the Board for the opportunity to speak and advised she is grateful for the Board’s service. She stated 30% of the country is currently under an unprecedented extreme drought, and according to groundwater levels from the U.S. Geological Survey’s Water Information System and Groundwater Monitoring Network, overuse is draining and damaging our country’s aquifers. She stated that 25% of aquifers have declined significantly over the past 40 years because more water is being pumped out than nature can replenish, and in the past decade, 40% hit all-time lows, with last year being the worst. She stated that aquifers fail when they are rapidly depleted, which damages them permanently. She stated that the land settles as water is pumped out, leaving less space for new water to refill the aquifers, and deeper aquifers beneath impermeable clay and rock can take thousands of years to recharge. She stated, yet the Board is considering allowing Dominion Energy to remove 360,000 gallons of water from our aquifers and another 360,000 gallons if they put in a second Liquefied Natural Gas (LNG) tank. She stated that this could prematurely shorten the lifespan of our aquifers and 720,000 gallons of water. She stated in the event of a fire, water would not extinguish an LNG fire; it is for containment until everything burns off into the atmosphere. Deborah Moore of 80 Galpin Ct., Timberlake, stated that everyone that has spoken thus far has had valid points. She stated that she and her husband moved here from rural Indiana in 2016, she wanted to be in a rural area where no industrial complex would be, she does not want this facility next to where she lives, our natural resources needed to be preserved, and she hopes the Board makes the right decision. Lois Brown of 1010 Thunder Rd., Rougemont, stated that she is 84 years old and lives by herself in a log house on 10 acres of beautiful wooded land. She stated that since she was a little girl, she wanted to live in the woods, and it took her almost 70 years to accomplish this. She stated that she loves it, it is private, and the air and water are clean. She stated at the end of October she received a letter in the mail advising her that her property was within 500 feet of the proposed Moriah Energy Center. She stated that her world came crashing down. She stated that she was terrified. She feared that her water supply and property would be contaminated. She stated that if this facility is built here, it would destroy and endanger our lives. Charles Howerton of 9 Galpin Ct., Timberlake, stated that he is a lifelong resident of Person County. He stated that, by degree, he is a biologist, by profession, he is a scientist, and by fortune, he is a farmer. He stated by profession and clinical research, he is consistently charged with patient welfare. He stated that he constantly weighs the risks versus the benefits, and that he is legally mandated to share any adverse effects with the patients so that they can make an informed decision to participate. He stated that he wanted to charge each one of the Board members and Dominion Energy with the same task as he does with his patients, know the risks and potential effects before making any decision. He stated that the cons by far outweigh the pros. 58 December 4, 2023 32 Howerton stated that the largest positive outcome is monetary incentive of $800,000 per year for this proposed project. He stated, do not prostitute the people of Person County to Dominion Energy. He stated, please listen to the constituents and oppose this rezoning. Bob Brauer of 1 Bobwhite Rd., Roxboro, stated that he is speaking as Chairman of the Person County Environmental Issues Advisory Committee in opposition to this proposed Moriah Energy Center. He stated that the nominal greenhouse gas emissions from the MEC (Moriah Energy Center) are expected to be nearly 66,000 tons annually. He stated that is equivalent to 13,000 passenger vehicles. He stated that this is the wrong choice when we are trying to remove carbon from our atmosphere. He stated that the expected particulate matter emissions amount to nearly 4 tons annually, including 10- micron particles and smaller, that can get into the human lungs, and 2.5-micron particles and smaller, that can get in to the human blood stream. He stated that older adults and children are the most vulnerable to this particular pollution. He stated that health issues include asthma and decreased lung function. He stated that annually the MEC would release 95 tons of carbon monoxide, 5 tons of nitrous oxide, 52 tons of volatile organic compounds, and 4 tons of hazardous air pollutions, which are known to cause human health impacts. He stated all the properties surrounding the proposed MEC depend on wells for their clean drinking water. He stated that any ground water contamination would be devastating. Richard Mangeot of 112 Elderberry Ln., Rougemont, stated that we do not know enough about this operation to welcome it into our county. He stated when first asked about waste products from freezing and thawing natural gas, Dominion explained that there were none, as anything that was separated from the natural gas before freezing was put back in the pipeline and the process; mostly compressors were powered by electricity. He stated that in Huntersville, NC, a major pollution event occurred where the filter material absorbed some impurities to include mercury; it was buried on site and got into the water table. He stated that Dominion, in their presentation, mentioned that a small amount of toxic material would accumulate and be properly handled. He advised that the Courier Times published an article last week that included data in Dominion’s air permit application to the State of NC. The application asked for permission to release 65,579 tons of Carbon Dioxide and several small amounts of dangerous Volatile Organic Compounds, Nitrous Oxide, and various carcinogens each year during normal operations. He stated that he calculated the Carbon Dioxide pollution is the equivalent of 12,000-13,000 automobiles. He stated that the profile might fit burning about 24 tons of natural gas or 12- 14 million gallons. He stated that Dominion Energy never said anything about a process at the plant that would consume this level of energy. Merrilee Narensky of 1 Summer Place Farm Rd., Timberlake, stated that she and her family moved from northern Durham County to Person County nearly twenty years ago. She stated that Planning Boards and Boards of Commissioners greatly impact the lives, livelihood, and lifestyles of residents and neighbors of their counties. 59 December 4, 2023 33 Narensky stated that it is her understanding there is usually a plan with goals that benefit the county, in terms of sustainably, environmentally, and economically. She stated the plan is designed so that residents can feel secure with the progression of those goals. She stated drastically diverting from the goals, such as rezoning from rural conservation to general heavy industrial, creates anxiety, insecurity, and most of all, distrust. She stated vision is most important, and that the Planning Board and the Board of Commissioners are lacking in a sustainable vision for southern Person County. Jim Dykes of 548 Potluck Farm Rd., Rougemont, stated that he is a Duke educated physician who practiced family medicine for two decades in Durham. He stated that he now farms in Person County. He stated that he owns two parcels of land that neighbor the proposed Dominion Liquid Natural Gas Storage Facility, that total 168 acres of mature forest and farmland. He stated, though he used to practice family medicine, he was drawn to farming at this stage of life, in part, because of his belief in preventive medicine. He stated the health of the soil is vital to the health of human beings and all other living things. He stated so are clean water, clean air, and a stable climate. He stated that he practices organic sustainable agriculture because it acknowledges that healthy soil is fundamental to producing healthy crops or livestock. He stated that on the two farms he owns across the street (Helena-Moriah Road), livestock are raised that feed local families. He stated that hogs, goats, cows, and poultry are raised there, they and all depend upon fertile soil and pasture, clean water, and daily care. He stated that his life is now devoted to the care of these creatures, even though he used to do hospital rounds, he now does morning farming rounds. He stated that Grass Grazed Farm, at 6910 Helena-Moriah Road, is a 60 acre farm he owns, but leases to an African American Marine veteran, who raises meat hogs and pasture raised chickens for Triangle markets. He stated that Derrick and Paige Jackson and their five children have embraced the challenges of raising healthy meat for local markets. Their farm is directly across the road and downhill from the proposed liquid natural gas storage facility. He stated that he fears their farm's welfare might be adversely impacted by the proposed LNG storage facility. He stated The Hundred Acre Wood Farm & Sanctuary (Person County Tax Parcel 4488) is a 108-acre farm just south of Grass Grazed Farm. He stated that it is home to Irish Dexter cattle, Boer, goats, pigs, chickens, ducks, and lone mother goose. He stated that a young couple (Jeff and Ociane) who use sustainable, regenerative, and organic farming practices is farming it. The Hundred Acre Wood is also home to almost 90 acres of mature forest. He stated that it is his hope to put the farm and forests into a permanent land Conservancy in the coming year. He stated that his solar powered home is on Potluck Community Farm, which is just south of the Hundred Acre Wood, and neighbors the Elderberry Co-housing community. He stated it is obvious why so many of us are here tonight expressing our concerns about Dominion Energy's proposed project. He stated it would require the rezoning of farmland that has been historically zoned as "rural conservation/residential". He stated it is vital to the health of Person County to protect its rural residents, farmers and farmland from polluting industries. He stated he believes re-zoning the agricultural land on Helena-Moriah Rd. for industrial use is a terrible mistake. He stated he is not alone, as many others in the room felt the same. 60 December 4, 2023 34 Dykes stated as a physician, farmer, father, and environmentalist, he is against the construction of a 25,000,000-gallon liquid natural gas storage facility proposed by Dominion Energy. Further, zoning farmland from "rural conservation/residential" to "industrial", opens up the way for future industrialization. He stated he does not believe we need or can afford any industry that fuels the degradation of our environment by promoting the use of fossil fuels. He stated the plant itself would produce more carbon dioxide every year than 14,800 gas guzzling automobiles. He stated, and of course, natural gas, when burned, releases methane, which further feeds global warming. He stated that he is worried about the impact of the Moriah Energy Center on the quality of the groundwater as well as the air, as it has been documented in other areas that local groundwater has been negatively impacted by liquid natural gas storage facilities, such as the one proposed for our community. He stated this represents an environmental danger to our community that should be prevented by our elected officials. He stated as a property owner, he is also concerned that the land value of the 168 acres of farmland he owns adjoining Helena- Mariah Road, might be adversely impacted by the proposed LNG project. Susan Jacques of 546 Lockamy Rd., Timberlake, stated that she and her husband owned and operated two successful small businesses in Durham for 25 years. She stated that she served on the board of directors for Downtown Durham, Inc. for several years, after its inception in 1993. Jacques stated that people move to Person County because of the beautiful rural land, the good downhome people, and the lower cost of living. She stated that people are moving to the edges of Durham and Wake County and to the bordering counties for these same reasons. She stated that is what larger companies also want, and they know that cannot attract good workers to their new facility if those things are not in place. She stated that she has watched small town areas like Holly Springs and Sanford invest in infrastructure to attract larger companies and in amenities like community parks and walking trails and recreation. She stated that is what stimulates economic development and growth in a county. She stated that bringing a LNG Storage facility is the opposite of stimulating economic development and growth in Person County. She stated the truth is that she and her husband would not have bought the 45 acres they own and would not have moved to Person County if the LNG facility had existed back then. She stated that southern Person County is the prime land in the county, ripe for development, attracting people who want to experience beautiful rural landscape, the good downhome people, and the lower cost of living, as well as because it is close to the jobs. She stated that the Moriah Energy Center is the equivalent of shooting ourselves in the foot as it is creating a barrier to future healthy and impactful economic development in Person County. Don Narensky of 1 Summer Place Farm Rd., Timberlake, stated the Board of Commissioners are elected by the citizens of Person County, and as such is charged with promoting and protecting the interests and rights of their constituents. 61 December 4, 2023 35 Narensky stated once the veil of secrecy was lifted on Dominion's re-zoning request, any observation of how this Board and the Planning Commission have conducted themselves leads to the inevitable conclusion that the Board has actually been doing the bidding of Dominion Energy, a corporation that desperately needs this project to be approved, and quickly, so that their pending sale to Enbridge can bail them out of a $4B debt and impending bankruptcy. He stated Dominion's website has a timeline that states they began development and planning of this project with county officials in July 2022; and this was verified recently by the board's chairman, who was quoted recently in the paper as having "closed-door" sessions with the County EDC, which also had been in discussions with Dominion over several months. He stated that the chairman was also quoted as saying "there are a lot of moving parts" which he believed seemed to be quickly falling into place for a 12/4 vote, "as soon as we get the planning recommendation. He stated that Dominion advised they would start buying construction equipment as soon as October 2023 for construction beginning January 2024. He stated this is well before any vote could have been taken. He stated what company would begin buying equipment for a project that has not been approved yet, unless they had been assured that approval is, in fact, a done deal. He stated the chairman of the Board was further quoted as stating he had been brought down to Cary by Dominion to see a facility there. He stated that several citizens have told this Board that they reviewed videos of the Commissioner's meetings over these past 18 months, and there was never a hint of all this activity mentioned. He stated that anyone who attended the Planning Commission meeting observed how Chairman Walker adamantly told the public there that he didn't want to hear anything from them about the risks and dangers of an LNG facility because this was just a re- zoning application to "heavy industrial," and his Board didn't know and couldn't consider what type of facility "may be put on the re-zoned site," even though the MEC drawing by Dominion was on the TV screen behind him. He stated when a dissenting Board member began questioning Dominion representatives, and they began to look foolish for their lack of knowledge about their own project, Chairman Walker quickly cut her off and went directly to a vote, with virtually no discussion by other Board members. He stated this Board has not done the due diligence necessary for such a grave decision; as since the news of this project broke it has been the citizens and constituents who have brought forth, to the Board, and in the paper, so many facts and relevant scientific studies to show that there is actually little economic benefit for the County, especially when placed against the risk and dangers the facility poses. He stated that the citizens have uncovered Dominion's admission about the 150 tons of extremely toxic emissions spewed out yearly, the depletion of the area water aquifers, the absence of training of local volunteer fire departments to contain fires, leaks and explosions, the dangers of the extensive dynamiting that will be necessary, the damage to county roads, and the endangered species that must be protected, or the County will face Federal financial penalties and even criminal liability. He stated if this Board has known all these facts all along, shame on them for not disclosing all these risks and dangers to the public. He stated and, conversely, if the Board only knows now, because their constituents have found out for them, shame on them for not doing the required due diligence before scheduling any final vote. 62 December 4, 2023 36 Narensky stated that County officials have apparently negotiated with Dominion for 18 months, why not hear from other voices and impartial experts for a few more months, especially the citizens most impacted. He stated that the Board visited Cary, why not come out and walk this beautiful land, get your feet wet in the many creeks and watershed areas which Dominion's impact statement told you do not exist. He stated that you might even see that cute little Neuse River salamander that you will be required to protect. He stated there is a remedy, a way to restore the public's trust and educate the Board sufficiently by tabling this vote on re-zoning for at least three months for all due diligence to be accomplished and allow for more local citizen input. He stated by tabling this vote for a period of months, and then voting on this request when appropriately educated, you may not please Dominion Energy and their stockholders, but you would demonstrate to the people here, and to the citizens of this County, many of whom probably voted you on this Board, that you indeed represent them, first and foremost, and that you have taken their interests and rights to heart. Heidi Grable of 10607 Wilkins Rd., Rougemont, thanked the Commissioners for their service and advised she is a real estate agent in Durham and a resident of northern Durham County. She stated that she represents her 38 other family members who share the joy and beautiful land that adjoins the Flat River. She stated that she also represents a lot of friends and clients in Person County. She stated that this proposed plant would sit on top of many families’ land and farms. She stated that the rezoning would greatly impact the value of homes in the area. She urged the Board to consider opposing this request, and asked who would benefit from this. Theresa Ahrens of 108 Elderberry Ln., Rougemont, stated that she hopes the Board takes this request for rezoning seriously, like the people in the audience here this evening. She stated that on November 5, 2023 she sent all Board members an email, asking once simple question, “What will be your legacy?” She stated her hope was that the Board would look in to their hearts and choose an option other than Moriah Energy Center. She stated that she fears the Board has already made up their minds and they are deciding their legacy tonight, with the audience as witnesses. She stated that the people, their neighbors, here in Person County have found their voice and will not be silent. She stated that the people would take whatever the Board chooses for their Person County, and make it their Person County. She stated that they would come together to make a better Person County, better for everyone, a Person County that they are proud to call home. She stated they would do this because the Board’s actions brought them together, and together they can do anything. She stated make no mistake, they believe the Board can be a part based on what decision and legacy they choose tonight. Bella King of 294 Wild Turkey Dr., Semora, stated that she is a tenth-generation citizen of Person County. She stated the farm that has been in her family for five generations is in the land that you want to rezone. She understands that the Board has already made up their mind. She stated that it would be a complete injustice for her not to speak on this matter, on behalf of her father and grandparents. 63 December 4, 2023 37 King stated that the citizens of Person County need to stand up for themselves. She stated to consider the future of your children, grandchildren and her future, as they are the next generation, and this is not the future that she wants. She stated that she has lived here her whole life and is a true Personanian. She stated that she and her whole family are against this. She stated a vote in support is a death sentence for all surrounding the property and the future of Person County. Meg Koc of 118 Elderberry Ln., Rougemont, expressed thanks to the Board for allowing her to speak. She stated that she is asking the Board to vote no to the rezoning. She stated that we are sitting on a gold mine, referring to the farms in the area. She stated that she feels that property values will decline if rezoning is approved. Bernhard Lampert of 5970 Mt. Harmony Church Rd., Rougemont, stated that he lives next to the proposed site for Dominion Energy. He stated that he moved to Person County in 2000, he is faced with an environmental threat next door, his property would not be worth anything after this facility moves in, we need economic development, and this is not economic development, the MEC does not provide any long-term benefits for Person County, Dominion is an unstable company, and Person County needs sustainable businesses with infrastructure that would be beneficial to Person County. Colette Leirer of 344 River Gorge Run, Rougemont, stated that she and her husband moved to Person County 27 years ago and reside on 12 acres that border Deep Creek. She stated that she has two children who were born and raised here, and she is also here to speak on behalf of her subdivision, Deep Creek. She stated that two years ago, she reported to NC Wildlife Commission, otters in Deep Creek. She stated they were the first ever in Person County and that mussels and frogs are also in Deep Creek. She stated if the Board votes to rezone this property, they would not be serving the citizens of Person County. Diane Lesman of 106 Elderberry Ln., Rougemont, thanked the Board for serving in a hard job. She advised that world leaders gathered last week in Dubai, United Arab Emirates for the World Climate Action Summit. She stated the biggest takeaway was the need to end our dependence on fossil fuels as soon as possible. She stated that methane is the worst global pollutant, and the clock on worldwide environmental disaster is not ticking, it is pounding, and here in Person County we are asked to look backwards. She stated that if the Board votes in favor of this rezoning, Dominion has projected $93,000,000 in economic development which is possibly fiction. She stated this LNG plant would support the robust economic growth underway in the Durham, Raleigh and nearby communities. She stated that their economic growth is the dog that wags this LNG tail. She stated do not expect us to believe the promise that the Dominion LNG tail will wag the economic growth dog here, which is not the way it works. She stated two years of 24/7 construction is a huge burden for the county. 64 December 4, 2023 38 Lesman stated concerns referencing transportation of construction materials, provisions for emergency vehicles, school buses, and residents, which roads would be used. She stated that light and noise pollution will be incessant and damage to the soil and all living things on the 485 acres would be irreversible. She stated that this proposed LNG plant fulfills the business plans for Dominion Energy and Enbridge, and stated that there is little or no benefit to Person County. Tim Wahl of 1625 Rougemont Rd., Rougemont, stated that he moved here from Mecklenburg County. He stated that he is in the insurance business and that the insurance premiums would increase for neighboring residents of the proposed site if this project moves forward. Rhonda Currier of 106 Shannon Ct., Timberlake, stated that this has caused a lot of concern for her and how it will impact the neighbors of the proposed facility. She stated concerns on the effect it would have on children in the area and the school, Helena, a few miles down the road. She stated that actions speak volumes, as indicated by the people here and speaking tonight. She stated that this is a big decision and the Board is here to serve the people. James Huey of 5517 Durham-Chapel Hill Blvd., Durham, stated that he is an attorney in Durham with the Southern Coalition for Social Justice. He thanked the Board for allowing the opportunity to provide comments on behalf of the neighbors opposed to the Moriah Energy Center, including Charles and Elissa Huffstetler, Donald and Theresa Ahrens, Paul and Andrea Childers, Kristopher Clayton, Amanda Hamill, Bernhard Lampert, and Alan Booker. He stated that Dominion Energy’s request to rezone this parcel of land from RC, R to GI for construction of the Moriah Energy Center to store liquefied natural gas must be denied based on the Board’s obligation to ensure its zoning scheme is consistent with its Comprehensive Land Use Plan and is reasonable in light of the site characteristics and character of the surrounding area, harm to the neighboring community, stark about face between the current actual and permissible uses of subject tracts and adjoining areas versus under the proposed amendment, and absence of changed conditions or any factors indicating that the proposed rezoning is in the public interest of residents of Person County. He stated that in addition to these deficiencies, the rezoning was not properly noticed under N.C. General Statute 160-D-602(a), as several residents, only received empty envelopes from the County, and presumably intended to contain information about this proposed rezoning. He stated that members of the community are concerned that there may have been discussions regarding this proposal that took place in violation of North Carolina’s open meetings law requirements. N.C. General Statute 143- 318.9. He stated that public records requests are pending regarding these matters, and rezoning would be inappropriate until the concerns presented by these issues have been redressed. He stated that in view of these considerations, he respectfully and strongly urges the Board to deny the petition to rezone until all questions and concerns are addressed. He stated a few concerns as follows. 65 December 4, 2023 39 1) The proposed rezoning is inconsistent with the adopted Person County Comprehensive Land Use Plan. 2) The proposed rezoning is not consistent with the character of the surrounding area. 3) The proposed development is severely detrimental to the surrounding community, and will result in air, water, noise, and light pollution; safety concerns; endangered species impacts; and aquifer depletion. 4) Rezoning this serene area of forest to a liquefied natural gas facility is an unacceptable reversal of permissible uses, which violates fundamental zoning principles. 5) The proposed rezoning is not in the public interest. Vonda Frantz of 98 Elderberry Ln., Rougemont, thanked the Board for hearing the views of their constituents. Frantz stated that she wanted to provide the Board with twelve reasons not to bring a LNG storage facility to Person County. 1) This is the time to reduce, not proliferate, fossil fuel infrastructure. 2) Natural gas is methane. Methane is in many ways even worse than coal as a climate warming material. 3) The benefits to Person County are negligible and will provide few specialized jobs that may not be offered to Person County residents. 4) Natural gas is only available in a small portion of the county and will mostly serve southeastern Person County and would be 8 days’ worth of gas. According to Dominion, it may only be used 3-4 days. 5) Tax revenue from the site will provide about 1% of the County budget. 6) The County’s roads may be damaged without State funds available for repair. 7) Many risks accompany this facility and our volunteer fire departments are not equipped for possible explosions and fires at the site. 8) There is a risk of ground water and well pollution, and the polluted area would experience a decrease in economic value, therefore reducing tax revenue to the County. She stated that another list would be things that could be done for the benefit of Person County. She stated instead of building a Duke Power natural gas plant, money could be invested in putting solar power on every house in Person County. She stated that would be clean energy, living into 2050 instead of 1950. 66 December 4, 2023 40 Cathy Buckley of 101 Independence Pl., Raleigh, stated that she is with the NC Alliance to Protect Our People and the Places We Live. She stated that she would pick up where previous speaker, Vonda Frantz, left off at on her list. 9) There are rare and protected species in streams that drain from the site and would be jeopardized by sedimentation and water pollution. 10) It does not align with the Comprehensive Plan. 11) This is not a facility that will bring economic development to the County. 12) There are many requirements that could be made of the applicant that could mitigate some of these impacts. Lib Hutchby of 109 Standish Dr., Chapel Hill, stated that she is affiliated with Women’s International League of Peace and Freedom, FrackFree NC, and NC Environmental Justice Network, and has taken a pledge as a Water Protector. She recited the Earth Steward and Water Protector Pledge. She stated the people of Person County understand hard work and bless their food and that these same people understand that pipeline leaks can ruin soil and contaminate water. She stated that clean soil and water are required to grow healthy food that they and their children can eat. She stated that the constituents are depending on them as a Board to vote no to rezoning for LNG in Person County. Michael Savino of 345 Potluck Farm Rd., Rougemont, stated that the Board asked for respect, but how are you supposed to give respect with all this going on in secret. He stated he had a vision for Person County, that we grew three-fourths of our food and really committed to that and knew that our food supply was secure no matter what happened. He stated with the unknowns with this site that is a hard vision to come true. He challenged the Board to give the people six months to come up with a plan. Kathryn Spann of 11915 Roxboro Rd., Rougemont, stated that zoning law is based on the principal that people deserve predictability as they invest in land. She stated that normally is the biggest investment we make in our lives. She stated that when we buy a house, we want to feel secure that the neighborhood would not radically change. She stated that zoning changes legally require a statement of consistency with existing zoning for just that reason. She stated that changes should be gradual. She stated that another basic principal of zoning is to cluster together uses that need the same kind of infrastructure. She stated that this petition request is spot zoning and requests that the Board vote in opposition to this rezoning request. James Mims of 266 Stoney Mountain Rd., Rougemont, stated that he just moved here after retiring from the Air Force. He stated that he moved her for the peace and quiet. He stated that he has concerns about contamination, and stated, leaks are going to occur and will contaminate wells. He urged to Board to please vote no to this rezoning request. 67 December 4, 2023 41 Holly Ann Rogers of 405 Younger Rd., Roxboro, stated twelve permanent jobs, and a minimal difference in the tax base over the next twenty years is not worth trading the health, safety, and economic stability of Person County citizens. She stated that the citizens are who the Board represents and pledged to serve. Caroline Hansley of 105 W. Hargett St., Suite 2-D, Raleigh, stated that she is representing the Sierra Club and respectfully requests the Board to postpone the approval process for Dominion Energy’s proposed LNG storage facility. She stated there are a lot of unanswered questions and clarification needed concerning safety regarding water, air, soil, noise, and light pollution. She stated identification of procedures is needed for accidents and incidents, and future industrial zoning issues in our area must be clarified. She stated they are over 500 Sierra Club members in Person County who want answers and the Board to vote no to MEC. Katey Zimmerman of 130 Van Norden St., Washington, thanked the Board for allowing her to speak. She stated that she is here in her role as a Pamlico-Tar Riverkeeper speaking on behalf of the nonprofit Sound Rivers. She stated that there are more than 2,800 members in southeastern NC. She stated as a nonprofit dedicated to protecting the Neuse and Tar-Pamlico watersheds, Sound Rivers is concerned with the impacts a project of this scale would have on downstream and what threat and dangers it may have to the species who inhabit the Flat River Aquatic Reservoir. She stated that this proposed project could have sedimentation pollution that could endanger these species. She asked the Board to please require Dominion to develop a Habitat Conservation Plan for the several endangered and threatened species that have been documented and known to occupy Deep Creek and Flat River downstream. She asked the Board to also require Dominion to commit to strong sediment and erosion control and stormwater measures above the baseline as a condition of this rezoning approval. She asked the Board to please delay this vote until Dominion can provide the necessary assurances to prevent harmful impact to local waterways, groundwater sources, and endangered species that are of great value to Person County. Cutch Winstead per Rasmussen of 232 Adams Farm Rd., Roxboro, provided a handout to the Board referencing a Texas LNG fire from compressed methane bursting from a pipe and indicated that this facility is similar to the proposed MEC. Anderson Clayton of 1416 Stone Dr., Roxboro, thanked the Board for allowing her and everyone else to express their public opinion. She stated that she is the Democratic Party Chair. She indicated that three members of the Board are up for re-election. She stated that everyone in the room is bearing witness to what they are deciding to do for the future of our County. She stated that they would have to pay for it at some point in time, by losing money to Dominion Energy, or losing their seats next year. She stated that the people in this room would continue to speak. She stated that this issue is not partisan, it is political, and about money, and padding the pockets in this county. 68 December 4, 2023 42 Clayton stated the Board has a decision to make, do they like where they are sitting, and do they want to be sitting there next year. A motion was made by Commissioner Palmer and carried 5-0 to close the duly advertised public hearing for Rezoning/Map Amendment Application RZ-02-23 a request by the Applicant, Public Service Company of North Carolina, Inc./Dominion Energy North Carolina (DENC) to amend the zoning designation on ±485.68-acres of the Moriah Energy Center site, located at 6401 Helena-Moriah Rd., from RC (Rural Conservation) and R (Residential) to GI (General Industrial) CONSIDERATION TO GRANT OR DENY REQUEST A motion was made by Commissioner Palmer and carried 5-0 to approve Rezoning/Map Amendment Application RZ-02-23 is a request by the Applicant, Public Service Company of North Carolina, Inc./Dominion Energy North Carolina (DENC) to amend the zoning designation on ±485.68-acres of the Moriah Energy Center site, located at 6401 Helena-Moriah Rd., from RC (Rural Conservation) and R (Residential) to GI (General Industrial) INFORMAL COMMENTS: There were no comments from the public. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: Chairman Powell stated the need to adjust the Consent Agenda to include the November 20, 2023 minutes as amended and to add an additional item to the Consent Agenda- Approval of Bonds of the Finance Director, the Register of Deeds, the Tax Administrator, and the Sheriff. A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda as Adjusted to include the November 20, 2023 minutes as amended and to add additional item to the Consent Agenda- Approval of Bonds of the Finance Director, the Register of Deeds, the Tax Administrator, and the Sheriff. A. Approval of Minutes of November 6, 2023, B. Approval of Minutes of November 20, 2023 as amended, C. Budget Amendment #13, D. Budget Amendment #14, E. FY25 Budget Calendar, F. Consideration of Approval of Late Tax Exemption Applications, and G. Approval of Bonds of the Finance Director, the Register of Deeds, the Tax Administrator, and the Sheriff 69 December 4, 2023 43 NEW BUSINESS: AWARD CONTRACT TO BENEFITS CONSULTANT Presented by Human Resources Director Sonya Carver. Carver advised the Board that Human Resources received five proposals for Employee Benefits and Broker Services. Carver stated the Management Team reviewed and evaluated all five proposals, which included, Mark III, Pierce Group, Gallagher, Allegacy, and USI. Carver advised the Board that Mark III, Pierce Group, and Gallagher were the top three recommended by the Management Team. Carver stated that it was the recommendation of the Management Team to continue the contract with Mark III, as they are a strong partner for Person County and have been supportive. Carver stated she is seeking the Boards’ approval to continue to contract with Mark III as the county’s employee benefits broker.. 70 December 4, 2023 44 A motion was made by Commissioner Palmer and carried 5-0 to continue to contract with Mark III for Employee Benefits Consulting and Broker Services. 71 December 4, 2023 45 APPOINTMENT OF COUNTY ATTORNEY County Manager Katherine Cathey stated that County Attorney Ellis Hankins was appointed County Attorney in March of 2021 and announced his retirement effective December 31, 2023. Cathey advised at the October 2, 2023, Board of Commissioners meeting, the Board decided to continue to contract with The Brough Law Firm for legal services and appoint one of their attorneys, T.C. Morphis, Jr., as the next county attorney. Cathey advised the Board that an updated Memorandum of Understanding (MOU) with The Brough Law Firm, PLLC is before them for approval. Cathey stated Section 4 has been updated to acknowledge that T.C. Morphis, Jr. would principally perform legal services and that the other provisions of the MOU remain the same. Cathey stated she is seeking the Board to appoint T.C. Morphis, Jr. as county attorney, approve the MOU with The Brough Law Firm, PLLC, effective January 1, 2024, and authorize the County Manager to execute the agreement. A motion was made by Commissioner Palmer and carried 5-0 to approve T.C. Morphis, Jr. as the next County Attorney effective January 1, 2024. Chairman Powell presented County Attorney Hankins with a plaque from the Board in appreciation of his service to Person County. Hankins stated it has been a pleasure and a privilege to work with the Person County Board of Commissioners and staff. All of the members of the Board expressed sincere thanks and appreciation to Hankins for his outstanding service provided to Person County. Chairman Powell administered the oath to Attorney T.C. Morphis, Jr. with The Brough Law Firm, as he will be the new attorney for Person County effective January 1, 2024. 72 December 4, 2023 46 73 December 4, 2023 47 74 December 4, 2023 48 75 December 4, 2023 49 76 December 4, 2023 50 CHAIRMAN’S REPORT: Chairman Powell expressed thanks to the Person County Sheriff’s Department for their presence tonight. Powell advised this meeting is the last official meeting of 2023 before the Holidays. Powell wished all a Merry Christmas, to be safe, and have an enjoyable holiday. Powell encouraged all to shop local and advised of the many different shops located here in Person County. MANAGER’S REPORT: County Manager Katherine Cathey expressed gratitude to County Attorney Hankins. Cathey advised of the December 7 Strategic Planning Retreat at 9 a.m. in the Commissioner’s Boardroom 215 of the Person County Office Building. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims expressed thanks to the Person County Sheriff’s Office for helping with crowd control. Sims stated he appreciated everyone in attendance for coming to the meeting and expressing concerns. Commissioner Palmer thanked County Attorney Hankins and stated he is looking forward to working with T.C. Morphis, Jr. Palmer expressed thanks to the people in attendance who came out to express concerns. Commissioner Thomas provided best wishes to County Attorney Hankins on his upcoming retirement. Thomas thanked the Person County Sheriff’s Office for keeping everyone safe. Commissioner Puryear thanked County Attorney Hankins for his service to Person County and provided best wishes to him in his retirement. Puryear also gave thanks to the Person County Sheriff’s Office for assisting tonight. 77 December 4, 2023 51 CLOSED SESSION #1 A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session #1 at 9:25 p.m. 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) with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney Ellis Hankins, County Attorney T.C. Morphis, Jr., and Economic Development Director Brandy Lynch. Chairman Powell called the Closed Session #1 to order at 9:31 p.m. A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 9:59 p.m. CLOSED SESSION #2 A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session #2 at 10:00 p.m. per General Statute 143-318.11(a)(5) 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 (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney Ellis Hankins, and County Attorney T.C. Morphis, Jr. Chairman Powell called the Closed Session #2 to order at 10:00 p.m. A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 10:07 p.m. ADJOURNMENT: A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting at 10:07 p.m. ___________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 78 December 7, 2023 1 PERSON COUNTY BOARD OF COMMISSIONERS December 7, 2023 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Charlie Palmer Kyle Puryear- Absent Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Thursday, December 7, 2023 at 9:00 a.m. This meeting was set as the Board’s Strategic Planning Retreat. The Retreat location was in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order. Chairman Powell announced that Commissioner Puryear was not able to attend the meeting due to work responsibilities and obligations. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Sims and carried 4-0 to approve the agenda as adjusted with the addition of Closed Session # 2, and the approval of an Ordinance Approving Rezoning Map Amendment Application RZ-02-23. 79 December 7, 2023 2 80 December 7, 2023 3 A motion was made by Commissioner Palmer and carried 4-0 to approve an Ordinance Approving Rezoning Map Amendment Application RZ-02-23. 81 December 7, 2023 4 STRATEGIC PLANNING: County Manager Katherine Cathey stated that this meeting is Part II of the Strategic Planning Meeting, and that she would like the Board to revisit the values, mission, and vision, that were discussed at the last Strategic Planning Meeting on October 24, 2023. She stated that she would like the Board to review what was drafted, and to work on goal setting that supports values and mission. She stated that there is a Department Head retreat on December 14, 2023, and the focus of the retreat will be to look at the board’s goals and develop strategies to support those goals. She presented the following slideshow with retreat notes inserted to help develop and implement a Strategic Plan for Person County. 82 December 7, 2023 5 83 December 7, 2023 6 84 December 7, 2023 7 85 December 7, 2023 8 86 December 7, 2023 9 87 December 7, 2023 10 88 December 7, 2023 11 Cathey advised the Board that the next step would be for staff to define additional goals, and expand upon goals established today, to create strategies for implementation of the Strategic Plan. She advised that once this has been done, and strategies are completed to support the goals, she would bring it back before the Board for adoption, anticipating a January 2024 meeting date. It was the consensus of the Board that they were in agreement with the next steps in the process to adopt a Strategic Plan, and had no questions of Cathey at this time. 89 December 7, 2023 12 CLOSED SESSION #1 A motion was made by Commissioner Sims and carried 4-0 to enter into Closed Session at 10:31 a.m. 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) with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, Economic Development Director Brandy Lynch, and Economic Development Commission Chairman Phillip Allen.. Chairman Powell called the Closed Session #1 to order at 10:32 a.m. A motion was made by Commissioner Sims and carried 4-0 to return to open session at 11:11 a.m. CLOSED SESSION #2 A motion was made by Commissioner Sims and carried 4-0 to enter into Closed Session #2 at 11:13 a.m. per General Statute 143-318.11(a)(5) 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 (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, and Finance Director Amy Wehrenberg. A motion was made by Commissioner Sims and carried 4-0 to return to open session at 11:19 a.m. ADJOURNMENT: A motion was made by Commissioner Sims and carried 4-0 to adjourn the meeting at 11:19 a.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 90 1/16/2024 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 65,252 Public Safety 500,000 Human Services 47,000 Transportation 2,030 Contingency (565,252) REVENUES General Fund Fund Balance Appropriation 47,000 Intergovernmental Revenues 2,030 EXPENDITURES Airport Construction Capital Project Fund 6,500,000 REVENUES Airport Construction Capital Project Fund State Grant 5,850,000 Local Funding 650,000 Explanation: Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 1009910-499100 Contingency-Undesignated (45,000) 1004110-430000 Gov Body- Contracted Services 45,000 1009910-499400 Contingency-Unemployment Insurance (20,252) 1004122-445200 HR-Unemployment Tax to State 20,252 1009910-499800 Contingency-Market Study Adjustment (500,000) 1004370-412200 EMS-Salary And Wages-Overtime 500,000 10035-338330 PC Senior Center ROAP-EDTAP 2,030 1005700-461600 PC Senior Center EDTAP Expenditures 2,030 19090-399991 DSS-Fund-Fund Balance Appropriation 47,000 1905310-435000 DSS-Contracted Services -Temp Staff 47,000 40035-380180 Airport Proj Fund: State Grant-RW, TW & Apron Rehab 5,850,000 40035-380280 Airport Proj Fund: Local Grant-RW, TW & Apron Rehab 650,000 4004530-551780 Airport Proj Fund: RW, TW & Apron Rehab-60.12.1 6,500,000 Totals 6,549,030 6,549,030 BUDGET AMENDMENT #16 Transfer from Contingency-Undesignated (-$45,000) to Governing Body's contracted services line ($45,000) to fund strategic communications services; transfer from Contingency-Unemployment Insurance (-$20,252) to the Human Resources Department ($20,252) to cover unemployment costs; transfer Contingency Market Study funds (-$500,000) to EMS ($500,000) for elevated overtime expenditures; recognize the Rural Operating Assistance Program Grant ($2,030) from NCDOT for PATS/Senior Center; appropriate fund balance in DSS to assist with costs related to the engagement of temporary staffing ($47,000), recognize receipt of grant award from DOT ($5,850,000) that requires a local match ($650,000) for construction improvements to the Airport runway, connector taxiways, and apron pavement. BUDGET ADJUSTMENT DETAIL BA-1691 AGENDA ABSTRACT Meeting Date: January 16, 2024 Agenda Title: Certificate of Clerk - Approval of Tax-Exempt Loan to Volunteer Fire Department by Board of Commissioners Summary of Information: Timberlake Fire Department has secured a loan from Roxboro Savings Bank for $117,513.39 for the purchase of a 2024 Ford F450 Supercab 4WD with Flat Bed and improvements including Hale HPX200-H20 Pump, 300 Gallon Poly Water Tank, Control Panel, etc. The purchased vehicle will be used as a Brush Truck for the Volunteer Fire Department, which will be owned and operated by the Volunteer Fire Department. Timberlake Volunteer Fire Department is seeking the Boards’ approval of a tax-exempt loan to Roxboro Savings Bank. Recommended Action: Approve Approval of Tax-Exempt Loan to Timberlake Volunteer Fire Department from Roxboro Savings Bank for of $117,513.39. Submitted By: Michele Solomon, Clerk to the Board 92 COUNTY APPROVAL  STATE OF NORTH CAROLINA  COUNTY OF PERSON  CERTIFICATE OF CLERK APPROVAL OF TAX‐EXEMPT LOAN TO VOLUNTEER FIRE  DEPARTMENT BY BOARD OF COMMISSIONERS  The undersigned, being the duly qualified Clerk of Person County, North Carolina, does hereby  certify that the following is a true and accurate copy of a Resolution passed by the Board of  Commissioners of Person County, North Carolina, at its regular meeting on the 16th day of  January, 2024, which Resolution was duly introduced,  approved, and that said Resolution  remains in full force and effect:   NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of Person  County, North Carolina does hereby approve (within the scope of the qualifying language set  forth below) a tax‐exempt loan to the Timberlake Fire and Rescue, Inc.  (the “VFD”) from  Roxboro Savings Bank, SSB in the principal amount of $117,513.39, which loan is for the  following purpose:  For the purchase of a 2024 Ford F450 Supercab 4WD with Flat Bed and improvements including  Hale HPX200‐H2O Pump, 300 Gallon Poly Water Tank, Control Panel, etc. This vehicle will be  used as a Brush Truck for the VFD, which will be owned and operated by the VFD at the  following address:   350 Ashley Avenue, Timberlake, NC 27583  RESOLVED, FURTHER, that the approval of the loan to the VFD set forth above is given solely for  purposes of the public approval requirements for tax‐exempt financing applicable to the VFD  because of Section 150 (e) (3) and Section 147 (f) of the Internal Revenue Code of 1986, as  amended, and such approval does not obligate the County of Person or its Board of  Commissioners in any way regarding repayment of the debt.  Duly certified by the execution hereof and the placing hereon of the seal of said County, this  the 16th day of January, 2024.  _____________________________________________ (SEAL) Michele Solomon, Clerk to the Board of Commissioners  Person County, North Carolina  93 94 AGENDA ABSTRACT Meeting Date: January 16, 2024 Agenda Title: Resolution Creating a Consolidated Human Services Agency that the Board of Commissioners will Govern and Related Actions Summary of Information: At the January 2, 2024 Board of Commissioners meeting, the board held a public hearing on whether the board should adopt a resolution to change the organization and governance of some of the county’s human services functions. Members of the public and county employees spoke in favor of or in opposition to the potential changes. The board decided to create a consolidated human services agency that will include social services and veterans services. The Board of Commissioners will serve as the governing body for the agency, the director will report to the county manager, and all employees will be subject to county personnel policies. A 90-day transition period will ensure adequate time for planning and communication prior to the effective date of this change. Recommended Action: Approve the attached resolution with an effective date of April 15, 2024. Submitted By: Katherine M. Cathey, County Manager 95 RESOLUTION OF THE PERSON COUNTY BOARD OF COMMISSIONERS CREATING A  CONSOLIDATED HUMAN SERVICES AGENCY THAT THE BOARD OF  COMMISSIONERS WILL GOVERN AND RELATED ACTIONS  WHEREAS, the Person County Department of Social Services and the Person County Veterans  Services Office are both human services functions eligible for consolidation under the provisions of  NCGS 153A‐77 as amended during the 2012 legislative session of the North Carolina General Assembly;  and  WHEREAS, the goal of the amendments in 2012 was to give all counties in North Carolina the  flexibility and authority to organize human services in such a way as to promote efficiency and  effectiveness in the administration of human services; and  WHEREAS, the Person County Board of Commissioners finds that consolidating the Person  County Department of Social Services and the Person County Veterans Services Office into a  Consolidated Human Services Agency is beneficial to the Person County Department of Social Services  and its staff, the Person County Veterans Services Office and its staff, and most importantly the citizens  of Person County; and  WHEREAS, the provision of N.C. Gen. Stat. §I 53A‐77 set forth specific rules and procedures for  creating a consolidated human services agency and providing for the governance of that agency; and  WHEREAS, these provisions of N.C. Gen. Stat. §153A‐77 require that a public hearing be held by  the Board after 30 clays prior published notice as required by law. This Board duly voted to call for a  public hearing at its November 6, 2023 regular meeting and set the public hearing for its January 2, 2024  regular meeting. The notice of the public hearing was duly published as required by law; and  WHEREAS, the Person County Board of Commissioners pursuant to the provisions of NCGS  153A‐77 finds that upon such consolidation it is in the best interest of the Person County Department of  Social Services and its staff, the Person County Veterans Services Office and its staff, and the citizens of  Person County that the Board of Commissioners serve as the policy making, rulemaking, and  administrative board of the Consolidated Human Services Agency; and that the Consolidated Human  Services Director and Consolidated Human Services Agency staff operate under the personnel policies of  Person County, subject to the nine principles of the Federal Merit System, and work at the direction of  and under the supervision of the County Manager in accordance with NCGS 153A‐77(e).  WHEREAS, the Board combined input from the public at its January 2, 2024 regular meeting,  reviewed the information from County staff and deliberated in open session concerning the relative  merits of consolidation of the Social Services Department and Veterans Services Office.  96 NOW THEREFORE BE IT RESOLVED, that the Person County Board of Commissioners, pursuant  to the provisions of NCGS 153A‐77, effective April 15, 2024, does hereby:  1.Abolish the existing Person County Board of Social Services with thanks to the existing members of that board for their services; and 2.Create a Consolidated Human Services Agency is hereby created, consisting of the employees of the existing Department of Social Services and Veterans Services Office, with consolidation of these human services functions; and 3.Create a consolidated human services board having the powers conferred by NCGS 153A‐ 77(c) and further assumes all powers, responsibilities and duties of said consolidated human services board pursuant to NCGS 153A‐77(a); and 4.Direct the County Manager to appoint, with the advice and consent of the Board of Commissioners, a Consolidated Human Services Director to be supervised by the County Manager under the provisions of NCGS 153A‐77(e); and 5.Withdraw all affected employees of the Consolidated Human Services Agency from the State Human Resources Act and place them under the personnel policies of Person County. Adopted by the Person County Board of Commissioners this 16th day of January, 2024.  PERSON COUNTY  BOARD OF COMMISSIONERS  Gordon Powell, Chairman  ATTEST:  Michele Solomon, Clerk to the Board  (County Seal)  97 AGENDA ABSTRACT Meeting Date: January 16, 2024 Agenda Title: Addition of Veteran’s Services Officer Position (1.0 FTE) Summary of Information: The Person County Government Personnel Policy, Article II. Position Classification Plan, Section 5. Authorization of New Positions and the Position Classification Plan, states “New positions shall be established upon recommendation of the Manager and approval of the Board of Commissioners.” At the January 2, 2024 Board of Commissioners meeting, the board provided direction to add a full-time Veteran’s Services Officer position utilizing budgeted part-time salary and funding from another source. The rate of pay will not change for the current part-time Veteran’s Services Officer; however, the transition to full-time (addition of approximately 17.5 hours worked per week and employee benefits) will result in an increase of $11,703 for the remainder of FY24. Funding is available in the Contingency line item to pay for the cost of increasing the position to full-time effective January 26, 2024 (the beginning of the next pay period). Recommended Action: Approve the addition of 1.0 FTE Veteran’s Services Officer position and eliminate one part-time Veteran’s Services Officer position, effective January 26, 2024. Submitted By: Katherine M. Cathey, County Manager 98