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08-05-2024 Meeting Minutes BOC August 5, 2024 1 PERSON COUNTY BOARD OF COMMISSIONERS August 5, 2024 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Kyle W. Puryear T.C. Morphis, Jr., County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, August 5, 2024 at 6:00 p.m.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. Commissioner Thomas offered an invocation, and Commissioner Palmer led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the agenda. PUBLIC HEARING: REZONING MAP AMENDMENT APPLICATION RZ-01-24 A REQUEST BY THE APPLICANT, THE PERSON COUNTY ECONOMIC DEVELOPMENT DEPARTMENT, TO REZONE THE ±1,347.34-ACRE SUBJECT PROPERTY, IDENTIFIED AS THE PERSON COUNTY MEGA PARK, FROM AN RC (RURAL CONSERVATION) TO A GI (GENERAL INDUSTRIAL) ZONING DESIGNATION A motion was made by Vice Chairman Sims and carried 5-0 to open the duly advertised public hearing for Rezoning Map Amendment Application RZ-01-24, a request by the applicant, the Person County Economic Development Department, to rezone the ±1,347.34-acre Subject Property, identified as the Person County Mega Park, from an RC (Rural Conservation) to a G-I (General Industrial) zoning designation. Planning & Zoning Director Chris Bowley shared the following presentation for the Rezoning/Map Amendment Application RZ-01-24. He stated that the property is a Mega Site, one of six in NC, and has been pre-identified for advanced manufacturing type uses on a large scale. August 5, 2024 2 August 5, 2024 3 August 5, 2024 4 August 5, 2024 5 August 5, 2024 6 August 5, 2024 7 Commissioner Palmer asked Planning and Zoning Director Chris Bowley about the sewer system, and asked of it would be a pump station to a gravity flow down to the plant. Bowley replied that it would have to be gravity at that distance complimented by pump stations. County Attorney T.C. Morphis, Jr. 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. August 5, 2024 8 August 5, 2024 9 August 5, 2024 10 August 5, 2024 11 August 5, 2024 12 August 5, 2024 13 August 5, 2024 14 August 5, 2024 15 August 5, 2024 16 August 5, 2024 17 August 5, 2024 18 There were no individuals appearing before the Board to speak in favor of or in opposition to the public hearing for Rezoning Map Amendment Application RZ-01-24, a request by the applicant, the Person County Economic Development Department, to rezone the ±1,347.34-acre Subject Property, identified as the Person County Mega Park, from an RC (Rural Conservation) to a G-I (General Industrial) zoning designation. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for Rezoning Map Amendment Application RZ-01-24, a request by the applicant, the Person County Economic Development Department, to rezone the ±1,347.34-acre Subject Property, identified as the Person County Mega Park, from an RC (Rural Conservation) to a G-I (General Industrial) zoning designation. CONSIDERATION TO GRANT OR DENY REZONING/MAP AMENDMENT APPLICATION RZ-01-24 A REQUEST BY THE APPLICANT, THE PERSON COUNTY ECONOMIC DEVELOPMENT DEPARTMENT, TO REZONE THE ±1,347.34-ACRE SUBJECT PROPERTY, IDENTIFIED AS THE PERSON COUNTY MEGA PARK, FROM AN RC (RURAL CONSERVATION) TO A GI (GENERAL INDUSTRIAL) ZONING DESIGNATION A motion was made by Commissioner Puryear and carried 5-0 to approve Rezoning Map Amendment Application RZ-01-24, a request by the applicant, the Person County Economic Development Department, to rezone the ±1,347.34-acre Subject Property, identified as the Person County Mega Park, from an RC (Rural Conservation) to a G-I (General Industrial) zoning designation. A motion was made by Commissioner Palmer and carried 5-0 to adopt an Ordinance Amending the Person County Official Zoning Map for Zoning Amendment Application RZ-01-24. August 5, 2024 19 August 5, 2024 20 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Timothy Sweeney of 155 Parkers Gate Drive, Youngsville stated that he currently serves as a Paramedic Lieutenant with Person County EMS. He stated that he has served in this community in an EMS capacity for the past four years. He stated that over those years, he has had the opportunity to observe the development that has taken place within EMS and Person County. He stated that he began here as a full-time paramedic when every shift had an opening, and when the strains of understaffing and underpayment burdened the entire organization. He stated that at that time, there was a tremendous uncertainty, and we were at the tail end of the Covid pandemic. He stated that resources were scarce and an organizational culture was forced to be reactive to current problems instead of proactive to future ones. He stated that during that uncertainty, the sense of community and the mission to provide the best possible emergency care to citizens of Person County fueled his desire to remain here. He stated that six months into his employment here, leadership changed over to Chief Schwalenberg and Chief Chandler. He stated that from the beginning, the two of them have carried this agency to the success that we are beginning to see today. He stated that, Schwalenberg began his time at EMS by meeting individually with every one of the EMS workers, gauging the needs from within the organization. He stated that Schwalenberg has been the most involved leader and he continues to work over 100 hours per week to keep EMS, 911, and Emergency Management (EM) prepared to handle anything that comes our way. He stated that Schwalenberg has supported the individuals of this organization by supporting continuing education, leadership courses, and opportunities outside of EMS. He stated that Schwalenberg introduced himself to EMS over two years ago with a simple, yet powerful statement, ‘We own the culture”. He stated that Schwalenberg has personified that statement ever since. He stated that Schwalenberg’ s mission is clear, and his drive to accomplish the mission speaks for itself through his dedication to this community. He stated that he lives one hour and eleven minutes away, passes by two hospitals, and passes through two counties that are both hiring paramedics. He stated that he does not have to travel this far to be a paramedic, that he travels this far, because he wants to be a paramedic in this county, and because the last two years of leadership within our organization has created an agency where employment is well worth the long commute. He stated that as you are aware, Person County EMS sits in a much better position now than it did at the beginning of 2022. He stated that we have a strong, dedicated, and structured leadership team that is headed by values of integrity, personal courage, selfless service, and professionalism. He stated that EMS is an agency that provides the highest quality of care to citizens who call 911. He stated that this evolution was not the result of a miracle, that it was the result of thousands of hours of behind the scenes work by both Schwalenberg and Chandler. He stated that Schwalenberg has committed more of his time to this agency and subsequently the entire County than anyone he knows. August 5, 2024 21 Sweeney stated that the high-quality leadership has been the driving force in our success and it is certainly the driving force in his personal commitment to this agency. He stated that as a proud servicemember himself, he speaks on behalf of Schwalenberg, and that Schwalenberg embodies every single bit of the army values, which are, loyalty, duty, respect, honor, selfless service, integrity, and personal courage, He stated those same values are necessary for leading EMS, 911, and EM. He stated that Schwalenberg has proven that it takes a veteran to do this job right. He stated that Person County is not physically his home, but the community that he has been blessed to serve and work for, is one that he wishes to continue serving for as long as possible. He asked the Board to continue to support EMS, and through EMS, continue to support our community. He stated that Schwalenberg and Chandler, and the EMS agency are on the right path and are just getting started. Brandon Fox of 60 Poplar Lane, Roxboro stated that he is speaking of his own free will and beliefs, and was not coerced to speak tonight. He stated that in the last couple of weeks, it has been well known in the public forum that the honesty and integrity of his Emergency Management Director, Tom Schwalenberg, along with County Manager Katherine Cathey have been brought into question for frivolous accusations that simply do not have any basis. He stated that he is here to speak to his opinion and to the character of these individuals. He stated that Schwalenberg has been one of the most positive changes that Person County’s EMS agency has seen in his last twelve years of employment. He stated that Schwalenberg is engaged, caring, hardworking, and trustworthy in all circumstances. He stated that Schwalenberg selflessly serves our community, even when stretched to the max. He stated that Schwalenberg can regularly be seen until 10:00 p.m., working in his office to get the job done. He stated that when he returned home from the Veteran’s Ride of Honor, there was a County Commissioner standing outside the bus to welcome the veterans’ home, and gave a fiery speech with his fist in the air, about how he appreciated our EMS service. He stated that what the Commissioner might not have realized, is that Schwalenberg voluntarily took his day to attend that trip with the veterans. He stated that Schwalenberg benefited the least financially for his time, and gave the most effort. He stated that Schwalenberg has an open-door policy at work. He stated that Schwalenberg regularly requests sessions with staff members, just to hear from them and see what feedback they can provide to make EMS better. He stated that Schwalenberg is an asset that would be almost impossible to replace, and Person County is better for the leadership and expertise that Schwalenberg provides. He stated that he has had very little interaction with Cathey. He stated that what he has seen from her is total transparency and advocacy for her employees. He stated that Cathey has a strong work ethic, and regularly communicates with hundreds of Person County employees through email. He stated that anytime there has been a question that needed to go through the County Manager’s Office, it has always been handled with the highest level of promptness and professionalism. He stated that as Commissioners, they have a responsibility to find the truth, truth for the County employees, truth for the public, and truth to themselves. He stated that the highest responsibility is to our Creator, who commands honesty and integrity, as one of the Ten Commandments. August 5, 2024 22 Fox stated that Exodus 23 states, “You shall not spread a false report. You shall not join hands with a wicked man to be a malicious witness. You shall not fall in with the many to do evil nor shall you bear witness in a lawsuit siding with the many as to pervert justice.” He urged the Board to exhaust themselves in an attempt to find all the facts and seek God’s guidance before making decisions in these chambers. Julie Nye of 407 River Trace Drive, Rougemont stated that she has lived in the Mount Tirzah township in Person County for twenty years and was one of the 300 or so Personians who turned out last December to observe and protest the Board’s rezoning vote for the Moriah Energy Center. She stated that she is dismayed to see that it may all be starting up again with the Mega Park rezoning, but since there were no comments, she guesses not. She stated that she is a member of Person County Down Home’s Public School Strong. She stated that she has been attending school board meetings and educating herself about many issues facing our public schools. She stated that today we learned about a newly discovered mold problem at Person High School exacerbated by HVAC issues that Person County Schools staff did not have control over. She stated that in addition to resolving the immediate problem at Person High School, the Superintendent wants to make sure that HVAC systems in all the schools are optimally configured to respond to the increased heat and humidity conditions that we are learning to live under. She stated that these repairs will be expensive in the coming weeks. She stated that her colleagues with Person County Down Home will be sharing information with the Board about some potentially very significant billions of dollars that is available through federal funding opportunities for schools, residences, and other community-based projects under provisions of the Inflation Reduction Act and the Infrastructure Investment and Jobs Act. She stated that Person County Down Home wants to work with the Board and County staff to ensure that Person County Schools, other qualifying organizations, and individual property owners get their fair share of these funds. Andrea Childers of 270 Blackberry Lane, Rougemont read a letter she wrote to DEQ a couple of weeks ago. The letter read as follows: Good morning, I am writing to you this morning because I feel compelled to try to make you understand the perspective of residents living close to the MEC. This is not a complaint, it’s just an explanation. For almost 32 years my family has lived on ten acres less than a half mile as the crows fly from the MEC. We have a creek that runs the back border of our property. That creek is primarily fed from a creek on the MEC property. This creek was the largest determining factor in buying this property. It is where I went for solace when I miscarried my first child. It is where our fur babies and non-fur babies played to escape the summer heat. It has served as a biology, environmental, and wildlife lab for our children as they grew up. The creek was a playground for our children and their friends, their whole lives, up until last month. It was a spot that I visited daily, just for a little peace. I no longer walk to the creek, as a matter of fact, I purposely avoid it because I get physically sick every time I look at it. August 5, 2024 23 I have attached pictures because I want you to see the transformation that our creek has taken. At first when Dominion started preconstruction, the creek would be muddied, and then it would clear up. It never clears up; it just remains a constant chocolate milk consistency. This pollution is coming straight off the MEC, and if you have any doubts of that, I invite each and every one of you to my home, and I will walk you up this creek, right to the MEC. I did it today with a reporter. Please bring your hiking boots, bug spray, and lots of water. I am not writing to you to ask you to stop construction on the MEC. I am not that naïve, although, I would most certainly welcome that decision. I am asking you to make Dominion Energy be a good corporate neighbor, and not pollute its neighbor’s properties. I know you say that you cannot do anything, but that is not exactly accurate. You could ask Dominion for better BMP’s or do turbidity testing to make sure that when they are releasing their water it meets state standards. To ask these things of a billion-dollar company soon to be bought out by the largest LNG provider on the continent would not be undue burden. It would actually provide some albeit small protections to the citizens of the state of North Carolina. I am begging you to do what is right. Childers stated that while this letter is addressed to DEQ, the Board still has the ability to ask for a wildlife study, and a stormwater runoff. She stated that she has been asking the Board to do this for ten months, and the Board has not done anything. She stated that the Board can do what is right for the citizens of Person County. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of July 15, 2024, B. Budget Amendment #3, C. Personnel Policy Amendment, D. Person County Health Department Fee Schedule Amendment, E. Person Industries Record Destruction, and F. Person County Department of Social Services Attorney Contracts NEW BUSINESS: 2024-2025 LEGISLATIVE GOALS County Manager Katherine Cathey stated that every two years the North Carolina Association of County Commissioners (NCACC) asks counties to submit proposals for legislative goals that the association should seek to support in the best interest of counties. She stated that the NCACC goal-setting process takes place each even-numbered year and consists of five stages, and we are in the first stage, the solicitation of proposals from counties, and it ends with the adoption of the legislative agenda at the Legislative Goals Conference in November. August 5, 2024 24 Commissioner Palmer stated that he had seven proposals for legislative action, which are as follows:  Funding for new EMS structure for housing equipment and employees  Funding for Piedmont Community College’s CHATT Building and equipping classes housed in the CHATT Building  Additional funding for recycling and solid waste, including tires and electronics  Promoting recruitment and retention for First Responders, Detention Officers, and Jails, including pay scale adjustments  Support for schools’ renovation to coincide with ADA compliance  Expand Broadband access  Support increased funding and services for older Americans and Veterans Vice Chairman Sims stated that he would like to add to the list and provided the following proposals for legislative action:  Increase in Teacher salaries and benefits  Infrastructure on connecting rural counties to major highways Cathey thanked the Board for the list provided and advised that she will provide them to the NCACC. CHAIRMAN’S REPORT Chairman Powell reported that he attended the PCBIC meeting, the Planning Board meeting, and the Parks and Recreation Trail meeting. He stated that he met with two representatives from Senator Ted Budd’s office last week; therefore, was not able to attend the volunteer luncheon at Animal Services. He stated that he attended the retirement recognition for outgoing CFO Amy Wehrenberg. Powell clarified that last Thursday, DEQ had an Air Quality Meeting in Henderson. He stated that Person County did not deny DEQ permission to have the hearing in Person County. He stated that DEQ refused to sign the waiver that is required for rental of county facilities. He stated that other facilities in the county were offered to DEQ, yet they chose to hold the meeting elsewhere. Powell stated that there was a PCBIC Special Meeting held on July 25, 2024 for reorganization of the PCBIC as the topic of discussion. He stated that the Board of Commissioners discussed this at their July 15, 2024 meeting, and a hard copy of options for changes in the structure of the EDC/PCBIC were distributed to the Commissioners as well as PCBIC President Phillip Allen. He stated that he emailed Allen the same document on July 15, 2024. He stated that at the beginning of the July 25, 2024 meeting, Allen addressed the PCBIC Board with a rough draft of concerns, which had been given to him several weeks earlier by the Board of Commissioners. He stated that the document shared with Allen at the Board of Commissioners July 15, 2024 meeting was not shared nor referenced with PCBIC members at the special meeting. He stated that no explanation was given as to why the options for changes were not presented to the PCBIC Board. August 5, 2024 25 Powell stated that, in an email to Allen and the PCBIC Board, he requested that the options for changes in structure, from the Board of Commissioners, be used in future discussions by the PCBIC Board. He requested that the County Manager provide the Board of Commissioners with a complete report on PCBIC’s funding from January 2000- August 2024 to include all revenues, including, but not limited to lease funds, grants, claw back funds from Force Protection and Eaton Corporation. MANAGER’S REPORT County Manager Katherine Cathey expressed thanks to all employees, volunteers within our community, and community members for being here tonight, and stated that is nice to see them here participating in the business of the County in this way. She stated that she and Vice Chairman Sims will be at the NCACC Annual Conference Thursday- Saturday of this week. She stated that County staff will be monitoring the weather and taking any measures that are necessary to ensure the safety of the people here. She stated that tomorrow is National Night Out and is being held at Palace Pointe from 5:00 p.m.- 7:00 p.m. She stated that this is a very important community event that is supported by many County and City departments, and a variety of community organizations, and is a great way to bring people together. COMMISSIONER REPORTS/COMMENTS Vice Chairman Sims stated that he attended the PCBIC meeting and the Planning Board meeting that were both held on the same day. He stated that he attended the volunteer appreciation for the play yard dedication at Animal Services. He stated that he appreciated all the volunteers that help out, and without volunteers, including those with the VFD’s, this county would not be where it is now. He expressed thanks for all in attendance this evening. Sims stated that he wanted to clarify a couple of things that were printed in the Courier=Times. He stated that an article written to the editor on July 25, 2024 from Don Narensky misquoted which Commissioner stated an opinion. Sims stated that Narensky wrote in his letter to the editor: It is important to note that at the open public hearing in December 2023, Mr. Sims voted in favor of the controversial MEC rezoning, without any public comment, rationale for his decision or a public declaration of “no known conflict-of- interest”; even after 35 speakers and over 350 constituents voiced their absolute opposition to the rezoning, whose passionate participation in the democratic process Sims publicly called “insanity”. Finally, it is important to note that Mr. Sims will be running for re-election this November 2024. Sims stated that he did not say that, and it was in quotes, and that it bothers him that we have people who will put things in the paper that are inaccurate and not true. He stated that in the August 1, 2024 edition of the Courier=Times, under For the Record, reads as follows: A letter to the editor from Don Narensky that appeared in the July 25 edition of the Courtier=Times attributed a statement referring to the Board of Commissioners public hearing concerning Dominion Energy’s Moriah Energy Center as “insanity” to commissioner Derrick Sims. That description was not made by Sims, but rather by commissioner Charlie Palmer during the Jan. 2 Person County Board of Commissioners meeting. August 5, 2024 26 Sims stated that he wants people to know that he did not say this and he is not going to put up with people putting something in the paper that is not true, and that he will call you out for it if you do. He stated that he hopes Narensky will hear this and understand that he was wrong. Commissioner Palmer apologized for missing the retirement party for the former CFO. He stated that he attended a PCBIC meeting, where he asked one question, and was not provided with the answer he was looking for. He stated that he attended the Parks and Rec Tennis Tournament this past weekend, and it had a great turnout. He stated that the Courier=Times needed a proof reader, as it would do the County a great service. Commissioner Thomas expressed thanks to all in attendance, especially the EMS and VFD’s, for all their hard work and stated that they do not get the credit they deserve. Commissioner Puryear had no report. A motion was made by Commissioner Puryear and carried 5-0 to enter into Closed Sessions at 6:51 p.m. CLOSED SESSION #1 A motion to enter into Closed Session #1 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 with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and Attorney Bo Somers. CLOSED SESSION #2 A motion to enter into Closed Session #2 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. Chairman Powell called the closed sessions to order at 6:54 p.m. August 5, 2024 27 A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 8:37 p.m. ADJOURN: A motion was made by Commissioner Puryear and carried 5-0 to adjourn the meeting at 8:39 p.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman