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05-20-2024 Meeting Minutes BOCMay 20, 2024 1 PERSON COUNTY BOARD OF COMMISSIONERS May 20, 2024 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Michele Solomon, Clerk to the Board Kyle W. Puryear G. Nicholas Herman, County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, May 20, 2024 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. 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 Sims and carried 5-0 to approve the agenda. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mary Bennett of 86 Elderberry Lane, Rougemont stated that she has lived near two beautiful streams in Rougemont for the past 34 years, and has walked to those streams almost every day. She stated that when Dominion Energy came to her community and talked to her, she showed them the map that indicated where the streams were located. She stated that the Dominion site was in the headwaters of one of the streams, and she expressed her concerns to Dominion at that time. She stated that Dominion assured her that they would have erosion control measures in place to prevent downstream problems. She stated that Dominion will be using 16M gallons of water to clean the tanks. She stated that Dominion will be using their stormwater systems to release water on-site from all the construction. She stated that the stream coming from that area has been contaminated and looks terrible since Dominion began construction. She stated that the streams are usually clear and beautiful. She stated that the this is a very serious problem. John Seepe of 277 Barefoot Landing, Semora stated that a few meetings ago Chairman Powell expressed his frustration and sorrow for not speaking up for decades about County matters, which should have been addressed. He stated that he watched as the Board rolled their eyes at the Chairman and did not acknowledge the good stipulations that he put forward courageously. May 20, 2024 2 Seepe stated that at the last meeting, Alan Booker asked himself, “Why did he thank the Board at a prior meeting that he had spoken at? Was it for failing to listen to Person County residents, for not responding to their requests for information, and for not being able to address the Board as individuals in an open meeting?” Seepe stated that this occurred after the Board ignored three residents who came before the Board to petition for some modifications which had safety and quality of life impacts on their families. He stated that the residents asked for a small berm and a better hedge, which the Board failed to discuss and proceeded to vote on a motion as written. He stated that the lack of concern for these families was astounding. He stated that people take time out of their lives to come to the meetings, just to be ignored. He asked the Board, “What kind of hope do you think you give the community by such behavior? Where is their love and respect for the County residents? Why are you here? Is it just to be a pawn of the powerful and influential? To enjoy some side benefit through some LLC that you or a family member owns and operates? How about a fellow Board member or prior Board member that you hang with? Are you counting on the community’s apathy when you reassess their homes in January, increasing their property taxes to a population that is over 18% under poverty? He stated that Booker stated at the last meeting that the Board’s behavior clearly demonstrates democracy at its worst. He stated that Larry Yarborough, a state representative made this statement in writing “The Board’s ruling indicated that the Board wanted this business entity to succeed and would not hinder this business entity with silly regulations.” Seepe stated that this is astounding, and that Yarborough made a mockery by calling them silly regulations. He directed a question to Vice Chairman Sims, “How about when you are out there and begging for votes Mr. Sims, from the very voters that you have ignored and trampled on?’ Vice Chairman Sims stated to Seepe “Do not make this personal.” Seepe asked” When will you start putting the County and citizens before self?” He stated that the Board has drifted away from any public service foundation and abandoned any instruction as a child. Chairman Powell advised Seepe to please address the entire Board. Seepe stated that if the Board does not like the tone and the spirit of the community, that they have largely established it, and they are reaping that which they have sown. Jose Tierrablanca of 207 Broad Street, Roxboro stated that he comes before the Board to speak on matters related to CPS at the local DSS. He stated that he and his wife have been attacked by DSS. He stated that their two daughters were wrongfully removed from their care due to improper reports and false allegations. He stated that he is a believer in God and Jesus, and believes in the Bible. He stated that his psych evaluation that DSS is determining his parenting skills on is that his belief in God is nothing but delusions and hallucinations. He stated that he has a very troubled past, and some in this town are aware of that. He stated that he has lived here for almost 25 years, and that he loves this County. He stated that no one is doing anything to help him and his wife get their daughters back. He stated that his family are believers in Christ and are being persecuted and are being told that they are mentally unstable because of their beliefs. He stated he just wants help to get their daughters back home. May 20, 2024 3 Liz Bradsher of 976 Estate Road, Semora stated that we are playing a shell game with Project Log. She stated that the public questions are covered up by the use of the game done by the County and the PCBIC. She stated that both entities are covering up for individuals and the mistakes that have been made. She stated that Jay Poindexter, Donald Long, Phillip Allen, and others have played this game in front of all of us. She stated that the land has garbage piles on it. She stated that Poindexter stated when he spoke to Joseph Dibiasi, that he cannot trespass this land. She stated that Poindexter is a member of the PCBIC, and the land is still owned by the PCBIC. She stated that Ms. Wilborn, a candidate for commissioner and sister-in-law to our Sheriff, refuses to speak about this under the guise of economic development confidentiality. She stated that everyone knows that there are no competing bids on this project, and there is nothing secret on this project, and yet the word confidentiality is repetitively used. She stated that what it really means is, public obstruction. She stated that shell games are easy to see. She referenced shell games by the Biden Administration. She stated that she knows what a shell game is. She stated the shell game being played here is documented with emails and information obtained from the Department of Environmental Quality, Norfolk Southern Rail, The Timmons Group, the State Department of Transportation, English Construction, and the list goes on and on. She stated that she has all the emails. She stated that is all too convenient that the only paper in Person County, The Courier=Times refuses to write anything about this matter. She stated that it may be because the editor is covering up for his friend. She stated that she was raised in the DC area and can see a cover up a mile away. She stated that three of the Board members owe their seats to Wilborn’s brother-in- law, as the dots are easy to connect. She stated that Project Log is imploding and the main people involved are hiding information from the public. She asked the Board “What is the Board’s intention to give taxpayer money to a nonprofit that has raised not a dime on their own for over 20 years and has caused this blunder?’ She stated not a dime of public money should go to this entity, Mr. Allen should be removed from the EDC, and the entire EDC’s purpose and their work should be evaluated. She stated that Benjamin Franklin once said “Virtue and honesty is expected from our leaders.” Andrea Childers of 270 Blackberry Lane, Rougemont stated that sediment is the greatest water pollutant by volume in NC. She stated that sediment can quickly fill rivers, lakes, and reservoirs destroying aquatic habitats, fish populations, and result in damage to drinking utilities. She stated that Person County lies in the Neuse River basin, home to threatened and endangered species. She stated that Deep Creek, which is less than two miles from the Moriah Energy Center, home to the federally threatened Atlantic Pigtoe Mussel, Neuse River Waterdog, the Green Floater Mussel, and the Carolina Madtom Catfish. She stated that as of today, Dominion Energy has violated erosion standards set by the state of NC, as well as violating the Clean Water Act. She stated that turbidity standards are not allowed to exceed 50 NTU’s. She stated that over the past few weeks, Mr. Clayton’s creek has reached as high as 750 NTU’s. She stated that her creek has reached as high as 220 NTU’s. She stated that only pre-construction is going on at the site. She implored the Board to stop this. May 20, 2024 4 Elissa Huffstetler of 104 Elderberry Lane, Rougemont stated that she was not paid to be at the meeting. She stated that she is one of the originators of the No MEC. She stated that she was pondering Memorial Day, and that her father was a fighter pilot during WWII and the Korean War and fought for democracy. She stated that she and her father fought a lot about politics, as they were not on the same side, but he always respected the fact that she had an opinion. She stated that we would not be in this whole thing with the LNG, and all the other meetings we have had, if the Board had respected the people’s democracy. She stated that the Board’s constituents pay their salary, and pay taxes to a county they love. She stated that the same people speak every week, and the Board has disregarded what has been said. She stated that at the Chamber breakfast, Chairman Powell told her that the Board does not have to listen to constituents, that they listen to experts. She stated that the people have become experts. Rhonda Currier of 106 Shannon Court, Timberlake stated that she is here in opposition to the Moriah Energy Center. She stated that the people continue to share valuable information about the negative impacts that the LNG facility will have on residents and the environment. She stated that the residents feel like they are not being heard. She stated that there should be no sacrificial lambs as a result of this project. She stated that everyone who lives and breathes in this community should be heard, and considered important. She stated that this was not a minor decision the Board made to rezone and allow this LNG monstrosity into the community, yet the Board made the decision without regard to the facts that have been and continue to be presented. She asked the Board to reverse the rezoning decision. She stated that religious or not, God is watching. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Thomas and carried 5-0 to approve the Consent Agenda with the following items: A. Budget Amendment #23, and B. Written Order for SUP-03-24 – A request by the Applicant and Property Owner, Jay Poindexter, Poindexter Property Management, LLC, for Special Use Permit approval on an ±14.39-acre lot (Tax Map No. A3 161), located at 9958 Semora Rd., to allow the Poindexter Event Center in an R (Residential) zoning district; per Section 155 of the Planning Ordinance. May 20, 2024 5 NEW BUSINESS: RESOLUTION AUTHORIZING COUNTY LINE SURVEYING GIS Director Sallie Vaughan presented the following. May 20, 2024 6 Copy of letter from Caswell County in 1998. May 20, 2024 7 Copy of letter from Person County in 2001. May 20, 2024 8 Plat of Survey from 2003 Survey was completed in 2003. Plat was generated, but not adopted by either local government. May 20, 2024 9 Plat of Survey from 2003 Three County line markers were placed  Caswell/Person/Virginia Corner  Leasburg Rd  Caswell/Person/Orange County Corner NCGS will re-survey those markers using current technology to produce the plat of survey. May 20, 2024 10 What is changing?  Change is very slight and mostly impacts uninhabited areas (farmland, forest, etc.)  Shifts the boundary west ranging from less than a foot, several feet as pictured to the right, and up to 70 ft. in some places  Help resolve some long-standing issues with 911 dispatching and taxation May 20, 2024 11 What is changing? This area has roughly a 70-ft. difference between surveyed boundary lines. May 20, 2024 12 Next Steps  Approve the Resolution Authorizing County Line Surveying  Authorize the NC Geodetic Survey (NCGS) to complete any necessary research and perform survey work  Appoint Russell Jones as the Special Commissioner on Boundaries NCGS will create and submit a plat of survey for ratification by the Board. Survey will become conclusive after ratification or within one year of submission. Vice Chairman Sims asked who requested this to be done and would there be any cost to Person County. Vaughan stated that NCGS initiated the request. She stated the only cost would be for advertisement if the Board chooses to have a public hearing, which is not required. A motion was made by Commissioner Sims and carried 5-0 to approve a resolution authorizing county line surveying. May 20, 2024 13 May 20, 2024 14 AIRPORT REHABILITATION PROJECT CONTRACT Presented by County Manager Katherine Cathey. She stated that there is a project planned for airport rehabilitation, which is for resurfacing of the runway as well as the connecting taxiways and apron pavements at Raleigh Regional at Person County Airport. She stated that NCDOT has awarded additional funds, which will cover the entire project, as far as their 90%, as this is a 90/10 grant, pending approval of receipt of additional grant funds in the amount of $4.1M (includes local match of $410K), funding for the county match will be budgeted and is available in the Airport Construction Fund. She stated that the project was bid, and Fred Smith Company of Raleigh provided a bid in the amount of $10.42M. She stated that she is asking the Board to recognize additional grant funds in the amount of $4.1M, award contract to Fred Smith Company, and authorize the County Manager to execute the contract. A motion was made by Commissioner Palmer and carried 5-0 to recognize additional grant funds in the amount of $4.1M, award contract to Fred Smith Company, and authorize the County Manager to execute the contract. MANAGER’S RECOMMENDED BUDGET PRESENTATION Presented by County Manager Katherine Cathey. North Carolina General Statutes require that on or before June 1 of each year, managers present their recommended budget for the next fiscal year to the Board of Commissioners. County Manager Katherine Cathey provided an overview of the FY 2024-2025 budget through the following presentation. She presented the Board with copies of the budget documentation for commissioners’ review. May 20, 2024 15 May 20, 2024 16 May 20, 2024 17 May 20, 2024 18 May 20, 2024 19 May 20, 2024 20 May 20, 2024 21 May 20, 2024 22 May 20, 2024 23 May 20, 2024 24 May 20, 2024 25 May 20, 2024 26 May 20, 2024 27 May 20, 2024 28 Manager Cathey advised the Board that the public hearing will be on June 3, 2024 at 6:00 p.m. She stated that the Board could schedule two budget work sessions, June 5, 2024 and June 10, 2024, followed by adoption of the budget on June 17, 2024. It was the consensus of the Board to hold a budget work session on June 5, 2024 at 9:00 a.m. and a second budget work session on June 10, 2024 at 9:00 a.m., if needed Chairman Powell thanked Manager Cathey for her presentation, and recognized that a lot of hard work was put in to the budget recommendation. He expressed that he is not in favor of a tax increase. Vice Chairman Sims stated that a work session is needed and that he is not in favor of a tax increase. No action was taken by the Board, as this was an informational presentation. EMPLOYEE BENEFITS UPDATE Human Resources Director Sonya Carver presented the following. May 20, 2024 29 May 20, 2024 30 Carver stated that the recommended changes are included in the FY25 Manager’s Recommended Budget, and a Personnel Policy Amendment that incorporates the approved changes will be presented in June following adoption of the FY25 Budget. Vice Chairman Sims stated that employee benefits are very important for retaining and recruiting. He stated that he thinks the County does need to look at enhancing those benefits as we go forward. He thanked Carver for the presentation. No action was taken by the Board, as this was an informational presentation. May 20, 2024 31 CHAIRMAN’S REPORT: Chairman Powell reported that he attended PCC’s graduation ceremony on May 17, 2024. He stated that he also attended the 25th Anniversary Celebration at Canterbury House on May 17, 2024. MANAGER’S REPORT: County Manager Katherine Cathey had no report. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims stated that he would like for the Assistant Count Manager to look in to the DSS complaint mentioned today and report findings back to the Board. He stated that in reference to comments made referencing Dominion Energy and stormwater, that we have had a lot of rain last week, which is hard to control, and he wants to make sure they are following regulations. He stated that he is not part of any cover up whatsoever, and those type of accusations are thrown out, it seems like, at every meeting. He stated that he is the only one on the Board running for office, and he thinks that the Board needs to review public comment rules. He stated that the Board has rules in place, and people are not supposed to be personal, and that the rules need to be followed and enforced. He stated that he respects the Chairman and his position, but when you have someone that is going to get up and personally attack you, he will speak up. He stated that he attended the Person High JROTC program on May 18, 2024. He stated that there were about 20 cadets there, and it was an honor to attend. He stated that he presented an award at that event for Outstanding Cadet. He expressed thanks to all for their comments. Commissioner Palmer stated that over the past several weeks, he has had numerous county citizen complaints on DSS. He stated that he provided the County Manager with two booklets full of complaints. He stated that he hopes that the issues get resolved with that department. Commissioner Puryear and Commissioner Thomas both had no report May 20, 2024 32 A motion was made by Commissioner Palmer and carried 5-0 to enter in to closed sessions at 10:38 a.m. 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 Nicholas Herman, and Deputy Sheriff Charlie Oakley. CLOSED SESSION #2 A motion to enter into Closed Session #2 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, Economic Development Director Brandy Lynch, and County Attorney Nicholas Herman. CLOSED SESSION #3 A motion to enter into Closed Session #3 per General Statute 143-318.11(a)(5) for the purpose to instruct the public body's staff concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, Economic Development Director Brandy Lynch, and County Attorney Nicholas Herman. Chairman Powell called the closed sessions to order at 10:41 a.m. A motion was made by Commissioner Palmer and carried 5-0 to return to open session at 12:08 p.m. A motion was made by Commissioner Palmer and carried 5-0 to extend the option through September 4, 2024 for the Mega Park. May 20, 2024 33 May 20, 2024 34 May 20, 2024 35 May 20, 2024 36 May 20, 2024 37 ADJOURNMENT: A motion was made by Commissioner Palmer and carried 5-0 to adjourn the meeting at 12:09 p.m. _____________________________ ______________________________ Michele Solomon Gordon Powell Clerk to the Board Chairman