12-04-2023 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
December 4, 2023
7:00 p.m.
This meeting will convene in the County Office Building Auditorium.
CALL TO ORDER…………………………………………. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
ORGANIZATION OF BOARD
Election of Chairman ...………………………………. County Attorney, Ellis Hankins
Election of Vice-Chairman …………………………... Newly Elected Chairman
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1 (pgs.2-31)
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)………………………. Chris Bowley
CONSIDERATION TO GRANT OR DENY REQUEST
ITEM #2
Consideration to grant or deny 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)…………………………… Chairman
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 November 6, 2023 (pgs.32-51),B.Approval of Minutes of November 20, 2023 (pgs.52-76),C.Budget Amendment #13 (pgs.77-79),D.Budget Amendment #14 (pg.80),E.FY25 Budget Calendar (pgs.81-82), andF.Consideration of Approval of Late Tax Exemption Applications(pg.83)
NEW BUSINESS:
ITEM #4 (pgs.84-144)
AWARD CONTRACT TO BENEFITS CONSULTANT………… Sonya Carver
ITEM #5 (pgs.145-148)
APPOINTMENT OF COUNTY ATTORNEY…………………… Katherine Cathey
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter into Closed Session #1 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, Economic Development Director Brandy
Lynch, and Economic Development Commission Chairman Phillip Allen.
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 Ellis
Hankins, Finance Director Amy Wehrenberg, and General Services Director Ray
Foushee.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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AGENDA ABSTRACT
Meeting Date: December 4, 2023
Agenda Title: 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).
Summary of Information:
The Moriah Energy Center site (Subject Property) is generally located along the north side of
Helena-Moriah Rd., approximately 1.15 miles west of the intersection of Helena-Moriah Rd. and
Mt. Harmony Church Rd. The Person County & City of Roxboro Joint Comprehensive Land Use
Plan (Comprehensive Plan) includes the following Guiding Principles related to this rezoning
request (listed in italics):
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 rezoning action to (GI) General Industrial is an
appropriate zoning classification for the proposed land use as an essential public utility
site.
Guiding Principles No. 2.4 & 2.7 – Identify and recruit industry sectors that bring diversity
to the economic/employment base and provide utility infrastructure to support economic
growth. The proposed rezoning action will allow for expanded alternative forms of energy
production and employment opportunities within Person County. Dominion Energy has
invested in Person County with utility infrastructure through pipelines and a methane
conversion operation at the landfill.
The Person County Planning Ordinance lists Heavy Industrial use as a Permitted Use within the
GI zoning district, requiring a zoning amendment. The Subject Property has a Rural future land
use designation and the proposed rezoning from RC and R to GI is consistent and compatible with
the Comprehensive Plan related to economic development for providing public utility
infrastructure.
Recommended Action:
Based on the above, Planning & Zoning Department staff recommends adoption of
Rezoning/Zoning Map Application RZ-02-23 amendment. It is also recommended that the Board
of Commissioners adopt a statement describing whether their action is consistent or inconsistent
with the Comprehensive Plan and why that action is reasonable and in the public’s interest, with a
potential motion, as follows:
“I hereby move to adopt Rezoning/Map Amendment Application RZ-02-23 from RC (Rural
Conservation) and R (Residential) to GI (General Industrial) and find it consistent with the
Person County & City of Roxboro Joint Comprehensive Land Use Plan; specifically, Guiding
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Principles 2.1, 2.4, and 2.7, to facilitate sustainable economic growth.”
Submitted By: Chris Bowley, AICP, Planning & Zoning Director
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Moriah Energy CenterREZONING/MAP AMENDMENT APPLICATIONRZ –02 –234
Moriah Energy Center (RZ‐02‐23)IntroductionThe Subject Property is ±485.68 acres, located at 6401 Helena‐Moriah Rd.Generally located along the north side of Helena‐Moriah Rd., ±1.15 miles west of the intersection of Helena‐Moriah Rd. and Mt. Harmony Church Rd.Existing land uses are vacant and residential, consistent with adjacent land usesSite has a Rural future land use designation & RC (Rural Conservation) & R (Residential) zoning designationsProposed rezoning for ±485.68 acres from RC & R to GI (General Industrial) to allow for Heavy IndustrialPermitted UseProposed rezoning is consistent with County’s Comprehensive Plan5
Moriah Energy Center (RZ‐02‐23)Exhibit A: General Map6
Moriah Energy Center (RZ‐02‐23)Exhibit B: Aerial Photo7
Moriah Energy Center (RZ‐02‐23)Exhibit C: Boundary Survey8
Moriah Energy Center (RZ‐02‐23)Exhibit D: Future Land Use Map9
Moriah Energy Center (RZ‐02‐23)Exhibit E: Zoning Map (Existing)10
Moriah Energy Center (RZ‐02‐23)Exhibit F: Zoning Map (Proposed)11
Moriah Energy Center (RZ‐02‐23)Comprehensive Plan Guiding PrinciplesThePerson County & City of Roxboro Joint Comprehensive Land Use Plan(Comprehensive Plan)includes the following Guiding Principles related to this rezoning request (listed in italics):Guiding Principle No. 2 – Facilitating Sustainable Economic GrowthGuiding Principle No. 2.1 – Reserve sufficient developable land and sites to support economicgrowth.The proposed rezoning action to (GI) General Industrial is an appropriate zoningclassification for the proposed land use as an essential public utility site.Guiding Principles No. 2.4 & 2.7 – Identify and recruit industry sectors that bring diversity to theeconomic/employment base and provide utility infrastructure to support economic growth.Theproposed rezoning action will allow for expanded alternative forms of energy production andemployment opportunities within Person County. Dominion Energy has invested in PersonCounty with utility infrastructure through pipelines and a methane conversion operation at thelandfill.12
Moriah Energy Center (RZ‐02‐23)Staff Recommendation & Potential MotionBased on the above, Planning & Zoning Department staff recommends adoption ofRezoning/Zoning Map Application RZ‐02‐23 amendment. It is also recommended that theBoard of Commissioners adopt a statement describing whether their action is consistent orinconsistent with the Comprehensive Plan and why that action is reasonable and in the public’sinterest, with a potential motion, as follows:“I hereby move to adopt Rezoning/Map Amendment Application RZ‐02‐23 from RC (Rural Conservation)and R (Residential) to GI (General Industrial) and find it consistent with thePerson County & City ofRoxboro Joint Comprehensive Land Use Plan;specifically, Guiding Principles 2.1, 2.4, and 2.7, to facilitatesustainable economic growth.”13
Moriah Energy Center (RZ‐02‐23)Thank You14
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November 6, 2023
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PERSON COUNTY BOARD OF COMMISSIONERS November 6, 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, November 6, 2023 at 7:00 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 Sims offered an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the agenda
as adjusted with the addition of the Northern Middle School Utility Easement to the Consent
Agenda and the deletion of Closed Session #2.
RECOGNITION:
The Disabled American Veterans awarded the following Certificate of Appreciation
to the Person County Board of Commissioners.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Andrea Childers of 270 Blackberry Ln, Rougemont spoke in opposition to Dominion
Energy’s proposed Moriah Energy Center. Childers stated that she has been a resident of
Person County for the past 31 years and owns 10 acres located less than a half-mile from
the proposed Dominion Energy site. She advised that she has worked for Person County
Schools and Piedmont Community College. Childers stated that she has given this county
her heart, energy and time to try to make it a better place. She stated that in return, her
county has destroyed her with the news that they are going to build a fossil fuel storage
facility next to her 10-acre slice of paradise. Childers read a report from the Sierra Club.
She provided to the Board a signed petition from residents in the community to postpone
the approval process for Dominion Energy’s Moriah Energy Center and a list of questions
they want addressed and answered before any zoning or permit decisions are made. Childers
expressed thanks to Chairman Powell for his presence at the Dominion Energy public
meeting on November 1.
Kris Clayton of 6600 Helena Moriah Rd, Rougemont spoke in opposition to
Dominion Energy’s proposed Moriah Energy Center. Clayton stated that he and his son
have lived in Person County for the past 11 years. He stated that he moved to Person County
from northern Durham County, as he was looking for a great place that is peaceful, and quiet
to live and raise his son. Clayton pleaded with the Board to choose the right answer.
Susan Jacque of 546 Lockamy Rd, Timberlake spoke in opposition to Dominion
Energy’s proposed Moriah Energy Center. Jacque stated that she has been a resident of
Person County for the past 33 years. She stated that during the past 33 years, she has owned
a couple of small businesses in Durham County and was part of an Economic Development
Board in Durham. Jacque stated she has some understanding of the importance of economic
development in the county and the city. She stated she moved to Person County to be in a
rural setting, to see trees, and have fresh air. Jacque stated that if the Dominion Energy site
were here 33 years ago, she would not have chosen to move here. She stated she believes
this project will be harmful to the economic development of Person County. She encouraged
all to ask if the benefits of this facility are worth the risks we are facing.
Don Narensky of 1 Summer Place Farm Rd, Timberlake spoke in opposition to
Dominion Energy’s proposed Moriah Energy Center. Narensky stated that he and his family
own a 55-acre farm in Timberlake. He advised that he has sent multiple emails to the Board
with little response. Naresnsky read his email that he sent to the Board. He had concerns
about the impact that such a massive facility storing liquefied natural gas on 400 acres of
rural farm and wetland could do in terms of noise, light, and air pollution, as well as
underground water and wells. Narensky stated he had safety concerns, such as, leaks, fires
and explosions. He asked what benefit is this project to the people of Person County.
Naresnsky stated Dominion Energy has advised there will be only 12 full-time positions
once the facility is up and running. He stated that none of the stored gas would be delivered
to the citizens of Person County. Narensky stated the lack of transparency was also an issue
as this project was rushed through economic development without public input. He asked
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how long the Board knew about this proposed facility before it was made known to the
public. Narensky stated that this a terrible ill-advised project.
Sabrina Verrier of 4196 Oxford Rd, Roxboro spoke on matters related to the Person
County Department of Social Services (DSS) and foster care reform that needs to happen.
Verrier expressed thanks to the Board for taking the time to discuss and listen to the issue.
She stated this month is National Adoption Month. Verrier advised that in support of
National Adoption Month, Person County as well as DSS have posted on social media sites.
She stated that when she asked DSS to help and support her with adoption, they turned her
to a private agency.
Liz Bradsher of 976 Estate Rd, Semora spoke on matters related to Person County
Department of Social Services (DSS). Bradsher expressed thanks to the Board, as she is
grateful they are discussing restructuring of the agency. She stated when PJ Gentry was on
the Board a few years ago, she was the Board of Commissioners appointee to the DSS
Board. Bradsher stated Gentry toured DSS and met with several people in the agency. She
stated that Gentry received several calls from employees of DSS that wanted to meet.
Bradsher stated due to the influx of employees wanting to meet, Gentry reached out to her
for assistance, as all of the employees wanted to meet in anonymity. She advised she met
employees at different times of the day and night and in inconspicuous locations to ensure
they were not seen. Bradsher stated the employees’ stories were sad and dealt with an
unprofessional climate, nepotism, lack of protocol for employee mentoring, bullying, and
high turnover. She stated the agency was described as a chaotic and toxic environment.
Bradsher stated that Gentry spent months compiling research for ways to restructure the
agency and hopes the Board will now take this seriously. She stated in reference to the
former foster care case with DSS, the case is now in court and reminded the Board the
guardian ad-litem did not recommend or agree for the children to be placed with their
biological mother, and the DSS Attorney sought 18 continuances over the course of 4 ½
years. Bradsher advised she spoke to a resident today that reached out to her to in reference
to a similar case with DSS, with the same attorney and judge.
George O’Neal of 1591 Chambers Loop Rd, Timberlake spoke in opposition to
Dominion Energy’s proposed Moriah Energy Center. O’Neal expressed thanks to those in
the audience for their comments and to the Board for allowing public comments. He stated
that he is a farmer in Person County. O’Neal stated Person County could be known for many
awesome things, and the dumping ground for Raleigh’s pollution should not be one of them.
He urged the Board to make the right decision for Person County’s future.
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:
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A.Approval of Minutes of October 16, 2023,
B.Resolution Amending the Board of Commissioners 2023 Meeting Schedule to add
a Strategic Planning Retreat,
C.Budget Amendment #10,
D.Person County Health Department Fee Schedule Amendment related to RSV
vaccinations, and
E.Northern Middle School Utility Easement
NEW BUSINESS:
RESOLUTION SUPPORTING OPERATION GREEN LIGHT FOR VETERANS
Director of Emergency Services Thomas Schwalenberg read a Resolution in support
of Operation Green Light for Veterans. Schwalenberg encouraged all citizens and
businesses to display green lights in a window of their place of business or residence from
November 6-12, 2023, in observance of Veterans Day and support of Operation Green
Light.
Chairman Powell stated that he is proud of all service men and women and fully
supports Operation Green Light for Veterans.
A motion was made by Commissioner Sims and carried 5-0 to approve the
Resolution Supporting Operation Green Light for Veterans.
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PERSON COUNTY PREPARE MASS NOTIFICATION SYSTEM
Director of Emergency Services Thomas Schwalenberg presented the following
slideshow presentation on Person County Prepare. Schwalenberg stated Person County
Prepare was launched on November 1, 2023 and replaces CodeRed. He advised that Person
County Emergency Services has partnered with Rave Mobile Safety; which is a leader in
mass notifications and incident management services for public agencies. Schwalenberg
stated that they collaborate during emergencies to help organizations work together to help
spread information. He advised Person County Prepare has more functionality than
CodeRed and it is a free service to citizens in real time by text, email, or by voice response
system to relay important emergency alerts to registered users. Schwalenberg advised that
this system has been implemented on all county user devices. He advised that citizens would
have to register, as the information did not integrate over from CodeRed if they were
previously signed up.
County Attorney Ellis Hankins advised the General Assembly enacted a bill that
provides that when a citizen provides their contact information for emergency notification
purposes, their personal information is not a public record; therefore, the County would not
disclose that information.
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________________________________________________________________________
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________________________________________________________________________
DIVISION OF COMMUNITY RISK REDUCTION
Director of Emergency Services Thomas Schwalenberg presented the following
slideshow presentation in reference to the Division of Community Risk Reduction.
Schwalenberg stated with restructuring of the department, with the new position of Division
Chief, it is a more targeted and collaborative approach for fire prevention, risk assessment
and other risks in the community. He introduced Division Chief Michael Shawn Bradsher,
who fills the Fire Marshal position and advised they are currently looking to fill the vacant
position of Deputy Fire Marshal.
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OPTIONS FOR ORGANIZATIONS AND GOVERNANCE OF HUMAN SERVICES
AGENCIES
County Manager Katherine Cathey presented, per the Boards request, more
information for further discussion on Governance of Human Services Agencies as a follow-
up from the October 16, 2023 meeting. Cathey advised the Board that within their agenda
packet, she has included an outline of various options that could be considered within Person
County Government. She stated there is an interest in the Board to be more involved with
the governance structure of Person County Social Services.
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Cathey advised Option A is the model currently used by Person County
Government. She explained the options listed and how each would affect county employees
and the governing body and answered questions received from the Board. Cathey advised
the Board if they decide to move forward with restructuring and reorganization, a Public
Hearing would need to be held to obtain feedback from the public prior to a final decision
being made. Hankins advised the Board it is his recommendation that they make a decision
on how to proceed with the option they are leaning towards.
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It was the consensus of the Board to consolidate DSS with PATS (Person Area
Transportation System), rather than with the Health Department or Veterans Services. The
Board agreed to move forward with a public hearing for Option D; in which the Board of
Commissioners serves as the Consolidated Human Services Board, and employees are not
subject to State Human Resources Act (SHRA). The public hearing will be set for the
earliest possible date allowing for a 30-day notice, subject to the adoption of the BOC 2024
Meeting Schedule.
A motion was made by Commissioner Sims and carried 5-0 to schedule a Public
Hearing at the earliest date allowable by a 30-day notice to obtain feedback from the public.
CHAIRMANS REPORT:
Chairman Powell reported that he attended the VAYA Health Board Meeting and
one topic of discussion was statewide issues of children in foster care.
Powell reported that he attended the Charters of Freedom Dedication Ceremony on
November 2 and urged all to please go see the precious documents related to our Country.
He stated it is educational for children. Powel expressed thanks to all involved.
Powell reported he attended the Person County Museum Brick Dedication
Ceremony on November 4, and there was a great turnout.
Powell provided a public announcement in reference to Republic Services Landfill.
He advised the public that the landfill is owned and operated by Republic Services. Person
County has no control over the landfill, as it is private property. Powell stated citizens using
the landfill have become disrespectful to employees and have even threatened them. He
pleaded to citizens to respect the landfill and employees and to abide by their rules and
regulations.
MANAGER’S REPORT:
County Manager Katherine Cathey reported she received word today that all permits
have been issued for the County Farm Park project and the next step would be to begin work
on Stormwater Control Measures with the anticipation of moving forward with construction
of the project.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims reported that he had the privilege to attend the Disabled
Veterans Ball at Antioch Baptist Church on November 4.
Sims reported that he attended the Charters of Freedom Dedication Ceremony and
gave props to Commissioner Puryear for leading the National Anthem.
Sims reported that he attended the Food Truck Rodeo on November 5, and it was a
great event, well attended with 24 Food Trucks.
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Commissioner Palmer reported that he attended the Charters of Freedom Dedication
Ceremony, and it was emotional. He stated that it was great asset to Person County.
Palmer reported that he attended the Person County Museum Brick Dedication on
November 4.
Commissioner Puryear reported he attended the Charters of Freedom Dedication
Ceremony, and it was an emotional ceremony.
Puryear reported he attended the Brick Ceremony at the Museum, and there was a
large crowd, and he was happy to be there to be part of the experience.
Puryear thanked Person County staff for the Trick or Treat event that was hosted by
most County departments. He enjoyed it.
Commissioner Thomas thanked everyone in attendance for coming out to the
meeting and for voicing his or her opinion. Thomas stated he looks forward to the public
hearing and hopes that it will be a huge turnout from the citizens. He urged citizens to
support Operation Green Light in support of Veterans.
CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session #1 at 8:22 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, Finance Director Amy Wehrenberg, PCC President Pamela G.
Senegal, and PCC Trustee Phillip Allen.
Chairman Powell called the Closed Session # 1 to order at 8:24 p.m.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 9:41 p.m.
ADJOURNMENT:
A motion was made by Commissioner Palmer and carried 5-0 to adjourn the
meeting at 9:44 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS November 20, 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, November 20, 2023 at 9:00 a.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. Chairman Powell 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 Palmer and carried 5-0 to approve the
agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Andrea Childers of 270 Blackberry Ln., Rougemont spoke on matters related to
the proposed Moriah Energy Center. She stated that she has lived in Person County for the
past 31 years. Childers stated that over the past month she has heard that Cary has a
natural gas storage facility and that it is wonderful. She stated the only comparison
between the Moriah Energy Center and the Cary facility is that they both would store
natural gas. She stated that the Cary facility was built in the 70’s. Childers proceeded to
state the subdivisions around the facility came after, which meant the people chose to live
near the facility. She advised that residents in Person County did not have that choice.
Childers stated that residents’ wells and drinking water could potentially become
contaminated and polluted. She advised the Board that their constituents deserve better
than that. Childers stated the Board needed to be more transparent. She stated the Moriah
Energy Center is a bad choice for Person County.
Bernhard Lampert of 5970 Mt. Harmony Church Rd., Rougemont stated that
Person County needed economic development, not the Moriah Energy Center, as it will
only employ 12 jobs. He stated that the Moriah Energy Center would not be beneficial to
Person County residents and would not promote economic development.
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Karolyn Mangeot of 112 Elderberry Ln., Rougemont spoke in opposition to the
proposed Moriah Energy Center. She stated that she recently began looking at Person
County’s Joint Comprehensive Land Use Plan, and the ordinances against storage of
hazardous materials and solar energy. She stated that LNG is dangerous and potentially
harmful to Person County.
Diane Lesman of 106 Elderberry Ln., Rougemont thanked the Board for the
opportunity to speak. She stated that we are stewards of the earth, do not own the land we
stand on, and are here for a limited time. Lesman stated if you approve the Dominion
Project, you would do great harm to the 465 acres it sits upon. She asked the Board to
consider how Person County would benefit from this project.
Tracy Sexton of 453 Berman Clayton Rd., Timberlake spoke on matters related to
Dominion Energy’s Proposed Moriah Energy Center. She had concerns on whether
Dominion Energy conducted an environmental impact study, and if so, has the study been
reviewed by independent agencies, including the NC Department of Natural Resources
and has the study been made available to the public, Sexton stated concerns of long-term
environmental impacts on land, water, and air in Person County, and how it is factored in
to the decision-making process.
PJ Gentry of 541 Byrd Creek Ln., Hurdle Mills spoke on matters related to the
Person County Department of Social Services (DSS). Gentry provided a handout to the
Board and stated they were presented this information in 2021 on options to restructure
DSS. She urged the Board to make the right decision.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
Chairman Powell asked for removal of Item F-Award Contract to Benefits
Consultant from the Consent Agenda and for it to be placed on a future Board meeting for
presentation. A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items excluding Item F-Award Contract to Benefits
Consultant:
A.Approval of Minutes of October 24, 2023,
B.Resolution Amending the Board of Commissioners’ 2023 Schedule of Meetings to
Change Location of the December 4, 2023 Meeting,
C.Resolution Adopting the board of Commissioners’ Schedule of Meetings for 2024,
D.Budget Amendment # 11,
E.Budget Amendment # 12,
F.Award Contract to Benefits Consultant, and
G.Continuing Disclosure Policy
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NEW BUSINESS:
PRESENTATION OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT
FOR FISCAL YEAR ENDING JUNE 30, 2023
Finance Director Amy Wehrenberg introduced Alan Thompson, a representative
from Thompson, Price, Scott, Adams & Co, P.A., the accounting firm that completed the
annual county audit. Mr. Thompson stated that county finances are good from an audit
standpoint. He presented the following audit results to the Board.
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A motion was made by Commissioner Puryear and carried 5-0 to accept the annual
comprehensive financial report for FY23.
FUNDING REQUEST FROM PERSON COUNTY SCHOOLS
Funding request presented by Person County Schools Superintendent Dr. Rodney
Peterson. Dr. Peterson stated Alternate 5 was not a part of the contract voted on by the Board
of Education on September 14, 2023. He stated the bid opening for the Person High School
ADA and Stadium Improvements on September 12, 2023, exceeded the County’s identified
contract value of $11,118,000. Dr. Peterson stated after the contract was awarded to Legacy
Builders, the value engineering to the base bid and the project alternates allowed the project
to include the stadium bleachers within the identified contract value. He stated Person
County Schools is requesting an additional $3M to fund the completion of the
Concession/Bathroom Alternate 5 of ADA/Safety Project for Person High School. Dr.
Peterson stated the Board of Education is requesting the funds so the concession and
bathroom phase could be completed with the bleacher project. He stated the Board of
Education recommends the county approve the additional funding to complete the
Concession and Bathroom Alternate 5 of the ADA/Safety Project for Person High School.
County Manager Katherine Cathey advised the request fits in the debt model with
no negative impact.
A motion was made by Commissioner Puryear and carried 5-0 to approve a $3M
capital outlay from the Capital Investment Fund for renovations of the Person High School
concession building to include ADA accessible restrooms, concessions, a press box and
coach’s offices.
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MORIAH ENERGY CENTER DISCUSSION AND QUESTIONS
Sierra Club Senior Field Organizer Caroline Hansley presented the following
presentation.
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PUBLIC PROPERTY NAMING POLICY
Assistant County Manager Brian Hart presented the following Public Property
Naming Policy to be considered for adoption by the Board.
A motion was made by Commissioner Sims and carried 5-0 to adopt the Person
County Government Public Property Naming Policy authorizing the Person County Board
of Commissioners sole authority to designate the name of all public property and facilities.
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CHAIRMAN’S REPORT:
Chairman Powell reported that economic development inquiries are consistently
growing as well as inquiries regarding the Mega Park. He reported that he attended the
Person County Employee Longevity Award Lunch, and 45 employees were recognized
during this great event to honor employees for their years of service. Powell reported that
he attended the Farm City Breakfast and stated it was a great event.
MANAGER’S REPORT:
County Manager Katherine Cathey had no report.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims thanked all in the audience for coming out and expressing
concerns. He expressed thanks to all Person County employees for all they do.
Commissioner Palmer thanked the audience for being here today. He reported that
he attended the Farm City Breakfast, and it was a great event and great food. Palmer reported
that he was pleased to contribute to the Person Industries Stew Sale by purchasing stew.
Commissioners Puryear and Thomas had no report.
CLOSED SESSION #1
A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed
Session #1 at 10:07 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, County
Attorney Ellis Hankins, and Finance Director Amy Wehrenberg.
Chairman Powell called the Closed Session #1 to order at 10:10 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 10:44 a.m.
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CLOSED SESSION #2
A motion was made by Commissioner Puryear and carried 5-0 to enter into Closed
Session #2 at 10:45 a.m. 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.
Chairman Powell called the Closed Session # 2 to order at 10:49 a.m.
A motion was made by Commissioner Sims and carried 5-0 to return to open session at
11:34 a.m.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 11:35 a.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date: December 4, 2023
Agenda Title: FY 2024-2025 Budget Calendar
Summary of Information: Staff has developed a budget calendar for the board’s consideration and
adoption. It outlines a proposed schedule for the budget process. An Annual Retreat is scheduled for
February 20, 2024, followed by the adoption of the Capital Improvement Plan (CIP) in April,
presentation of the Manager’s Recommended Budget in May, a required Budget Public Hearing on
June 3 and adoption of the FY 2024-2025 Budget Ordinance on June 17. The dates are subject to
change, if needed. The proposed timeline will facilitate an organized budget process for staff and
elected officials.
Recommended Action: Adopt the FY 2024-2025 Budget Calendar.
Submitted By: Katherine M. Cathey, County Manager
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AGENDA ABSTRACT
Meeting Date: December 4, 2023
Agenda Title: Consideration of Approval of Late Exemption Applications
Summary of Information:
On October 15, 2023, the Person County Board of Commissioners accepted 21 late applications
for homestead exemption. We have received 2 additional late applications, as follows:
The Board of Commissioners may approve late applications if they are received by December
31st. Since these applications met all guidelines (other than the application deadline), I would
recommend approval.
Recommended Action: Approve applications if appropriate
Submitted By: Russell Jones, Tax Administrator
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AGENDA ABSTRACT
Meeting Date: December 4, 2023
Agenda Title: Employee Benefits Consulting and Broker Services
Summary of Information: On September 5, 2023, Human Resources released a request for
proposal for Employee Benefits Consulting and Broker Services. Five proposals were received.
The Management Team and Human Resources staff reviewed and evaluated the proposals.
Staff recommends the county remain with Mark III. The current contract with Mark III is
renewable on an annual basis. The annual cost for health plan management services is $25,000.
Commissions fund Office Automation Systems; enrollers; fees for flexible spending accounts,
COBRA, and ACA software; printing; and benefits administration software for Person County.
Unless notice is provided to end the contract, it will renew, effective January 1, 2024.
For reference, copies of the current Contract for Broker Services and Employee Benefits
Handbook are attached.
Recommended Action: Approval to continue contract with Mark III as the county’s employee
benefits broker.
Submitted By: Sonya Carver, Human Resources Director
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Employee Benefits Consulting & Broker Services
Request for Proposal (RFP) Summary and Recommendation
Highlights:
o The RFP process was conducted to ensure the county is providing the best, competitive
benefits package to our employees.
o Human Resources received proposals from five brokers:
o Mark III
o Pierce Group
o Gallagher
o Allegacy
o USI
o The Management Team reviewed and evaluated the proposals.
o Members of the Management Team are the County Manager, Assistant County
Manager, Chief Information Officer, Chief Finance Officer, Tax Administrator, General
Services Director and Human Resources Director.
Evaluation Results:
o Mark III, Pierce Group and Gallagher were recommended by the Management Team as the
top three brokers.
Mark III Pierce Group Gallagher
Average Evaluation
Score 25/27 24/27 22/27
Annual Cost $25,000 annually $11,000 annually
$80,000 annually
(annual fee may be offset
by commissions on
voluntary products)
Recommendation: To continue our partnership (contract) with Mark III.
o Services and benefits offered by these benefits brokers are highly reputable and well-
regarded by their clients. We would likely be satisfied with any of the top three brokers.
o Changing benefits brokers can be a disruptive process for employees and internal staff (HR,
Finance, IT, etc.). A new broker may be able to offer cost-savings solutions as a result of plan
design changes that may be viewed as positive or negative, depending upon the employee.
o Mark III continues to be a strong partner for Person County Government. The consultants
provide knowledgeable expertise and support to HR staff on a regular basis. Employees have
reported a high level of satisfaction with their customer service.
o Wellness Programs – Diabetic Management and Medical Weight Loss Management have
made a positive impact on the participating employees and employees have requested to
continue the programs into the next fiscal year. A new mental health program is currently
under consideration.
o A large number of employees have stated a preference for the AFLAC products that are
offered through Mark III.
o Mark III was highly supportive and guided us through the high claims year(s) with sound
budgeting recommendations and strong negotiating power with insurance vendors.
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AGENDA ABSTRACT
Meeting Date: December 4, 2023
Agenda Title: Appointment of County Attorney
Summary of Information: NC General Statute 153A-114 states that the board of commissioners
shall appoint a county attorney to serve at its pleasure and to be its legal adviser. The current county
attorney, Ellis Hankins, will retire, effective December 31, 2023.
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.
An updated Memorandum of Understanding (MOU) with The Brough Law Firm, PLLC is before the
board for approval. Section 4 has been updated to acknowledge that legal services will be performed
principally by T.C. Morphis, Jr. The other provisions of the MOU remain the same.
If approved, the Chairman should administer the oath of office to T.C. Morphis, Jr., to be effective
January 1, 2024.
Recommended Action: 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.
Submitted By: Katherine M. Cathey, County Manager
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NORTH CAROLINA
PERSON COUNTY
MEMORANDUM OF UNDERSTANDING
1. Parties. The parties to this Memorandum of Understanding (the “Memorandum”)
are Person County (the “County”) and The Brough Law Firm, PLLC (“Law Firm”).
2. Purpose. This Memorandum sets forth the understanding between the parties
concerning the nature and terms of the relationship under which the Law Firm serves as the County
Attorney.
3. Scope of Service. In consideration of the compensation set forth below, the Law
Firm shall perform for the County all of the legal services required by the County as set forth herein.
Such services shall include, without limitation, consultation with and legal advice to the Board of
Commissioners and County staff; attendance at the Board of Commissioners’ regular monthly
meetings, and special meetings upon request; attendance at meetings of other County boards upon
request; drafting and/or review of ordinances and other documents; representation of the County in
litigation as necessary and appropriate; and coordination with outside counsel assigned to handle
claims by insurance carriers. The Law Firm will accommodate the County’s requests with respect to
regular hours to be available in the County offices and related matters. Not included within the scope
of covered services are services customarily performed by outside bond counsel and real estate title
work requiring a formal opinion of title.
4. Services Performed Principally by T.C. Morphis, Jr.. The parties acknowledge and
agree that the services covered under this Memorandum shall generally be performed by T.C.
Morphis. However, the full resources of the Law Firm are available to the County and other members
of the firm may assist the County when requested to do so by the County or when Mr. Morphis is
unavailable. In addition, the Law Firm may subcontract with other firms or individuals to have
certain services performed for the County, such as title searches, in consultation with the County,
but the Law Firm shall remain responsible to the County for the quality and timeliness of these
services. Payment for these subcontracted services shall be made by the Law Firm and shall be
charged to the County on the Law Firm’s monthly invoice.
5. Compensation. The County shall pay to the Law Firm for legal services rendered
beginning on the effective date of this Memorandum of Understanding on a monthly basis according
to the services performed during each month. Monthly invoices shall indicate the number of hours
worked, and fees shall be calculated according to the following discounted local government client
rates.
T.C. Morphis, Jr. $200.00
Other Senior Attorney s $200.00
Associate Attorneys $185.00
Legal Assistants $115.00
The Board of Commissioners has requested that the Law Firm attend all meetings of the Board of
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Commissioners, including regular, special and emergency meetings, unless otherwise directed.1 It
may choose to be charged a flat per-meeting fee of $750.00, which would include the attorney’s
travel time and attendance at the meeting, or to be charged hourly. The County selects the following
option:
The Law Firm shall attend all regular, special and emergency meetings of the Board of
Commissioners and shall charge a flat per-meeting fee of $750.00; or
X The Law Firm shall attend all regular, special and emergency meetings of the Board of
Commissioners, unless otherwise directed, and charge its usual hourly rate (travel time will not
be charged).
The Law Firm also will attend meetings of the Planning Board, Board of Adjustment or other boards
if requested, and shall charge its usual hourly rate for each of these meetings. The County may, at
any time, elect to switch to a $750.00 per meeting flat fee for the Law Firm to attend those meetings
of other county boards.
Ordinary office expenses shall continue to be charged in accordance with the attached Compensation
for Services schedule.
6. Amendment, Duration, Termination. This Memorandum shall govern the
relationship between the parties for the period beginning on the effective date of this Memorandum
and continuing unless and until terminated upon ten (10) days written notice by either party. Payment
shall be made for services rendered through the date of termination. Mutually acceptable changes to
this Memorandum, with respect to rates, scope of services or other matters, shall be made by duly
approved and executed written amendments.
[This area has been left blank intentionally. Signatures are on the next page.]
1 The County Attorney ordinarily does not attend planning retreats and budget work sessions, but the Attorney will attend
these meetings upon request, at the applicable per-hour rate.
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This Memorandum of Understanding is executed by the parties this ____ day of December,
2023.
PERSON COUNTY THE BROUGH LAW FIRM, PLLC
BY: BY:
Katherine Cathey, County Manager T.C. Morphis, Jr.
ATTEST:
[SEAL]
Michele Solomon, Clerk to the Board of Commissioners
This instrument has been preaudited in the manner required by the NC Local Government Budget
and Fiscal Control Act.
______________________________
Amy Wehrenberg, Finance Director
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