03-26-2024 Meeting Minutes EDCEDC Minutes for March 26, 2024
Minutes of the PCEDC Regularly Scheduled Meeting
Person County EDC Board Room
303 S. Morgan St., Roxboro, NC 27573
March 26, 2024
Voting Board Members Present:
Mr. Phillip Allen-Chairman Dr. Scott McKinney-Vice Chairman
Mr. Donald Long Mr. Kenneth Perry
Mr. Jody Blackwell The Honorable Gordon Powell
The Honorable Merilyn Newell Mr. Jay Poindexter
Voting Board Members Absent:
Ms. Sherry Clayton
Ex Officios Present:
Ms. Katherine Cathey, County Manager
Dr. Claudia Berryhill, Agricultural Representative
Mr. Brooks Lockhart, City Manager
Dr. Pamela Senegal, PCC President
Dr. Rodney Peterson, PCS Superintendent
Ex Officios Absent:
Dr. Rodney Peterson, PCS Superintendent
ED Staff Present: Others Present:
Ms. Brandy Lynch, Director Mr. George Willoughby
Mr. Bryan Eatmon, Existing Industry Specialist Ms. Kim Strickland
Mr. Robert E. Hornik, Jr
ED Staff Absent:
Ms. Briana Whitt, ED Specialist (Minutes)
EDC Welcome and Invocation:
At 4:01 p.m., Chairman Allen called the meeting to order.
Mr. Scott McKinney gave the invocation.
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EDC Minutes for March 26, 2024
Approval of Minutes:
Chairman Allen recognized The Honorable Merilyn Newell for the approval of the November 28, 2023,
December 20, 2023, December 22, 2023, and January 23, 2024 minutes.
A motion made, seconded, and unanimously approved to approve the November 28, 2023, December
20, 2023, December 22, 2023, and January 23, 2024 meeting minutes.
Motion: Mr. Jody Blackwell Second: Mr. Jay Poindexter
Ethics Training:
Mr. Allen introduced Mr. Horner to provide the board with the Ethics Training. Mr. Horner made the
board aware that he did have a PowerPoint presentation that he would use as a guide. The ethics
training is something that everyone on the board needs to do and be aware of. Mr. Horner gave a little
information about himself, such as he is a member of the Brough Law Firm, filling in for TC Morphis
today. But Mr. Horner's wife, who was from Virginia, told me in about 1995 that she was moving south
because she was tired of the snow and the rain. She invited me to come along. I did, and I've been
grateful to her ever since then. It turns out that Mike Brough, our namesake, the Brough law firm, was
from the same hometown I was living in outside Syracuse. That's how we got it. It just turns out that he
was doing the same law down here as I was doing up there. Anyway, here I am. We, in our firm, we do
almost exclusively local government law. Probably 75% of our work is representing local governments.
The other 25 may represent people with issues with other local governments or just some development
work.
Mr. Horner talked about a few things this afternoon, such as the open meetings law, which as a public
body, the EDC is subject to the open meetings law, the Public Records Act, and the statutes involved in
those acts. Regarding conflicts of interest, there are some criminal statutes that you need to be aware
of. Otherwise, there are general civil statutes and a lot of common sense involved in determining when
you might have a conflict of interest and what you should do. The last item we'll talk about is Maybe a
subject for quite a bit of discussion if you want it to be, is what do you do when you're not sure?
Mr. Horner started out by talking about the open meetings law. Open meetings law is actually found in
Section 143, 318 of the general statutes. They are probably looking at 9 and 10 right now, but there are
probably about 20 sub-statutes having to do with open meetings. The Economic Development
Commission is a public body. It's a body that's been appointed by; it's created by law, appointed by the
county commissioners or ex officios because of their positions elsewhere or ex officio members of the
board.
The closed-session discussion is the exception, not the rule. Section 318.10, are you a public body? Well,
yeah, you are because you've been appointed by your respective or by the board of commissioners or
your other respective bodies. What does that mean? It just means that all of these rules apply to you
and that you've got to be conscious of the fact that you're representing a constituency, not a private
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EDC Minutes for March 26, 2024
corporation. Therefore, some of the things that private corporations can do, you can't do, or at least
can't do through the same process.
Talking about official meetings. We run into issues or questions about this fairly frequently because in
some communities, in Roxboro, in Person County, and other jurisdictions, we represent. If you're at a
public gathering where there's no intention that it's going to be public business discussed, and public
business, in fact, is not being discussed by a majority of the board. There's no concern about that being
an official meeting. An official meeting really means when there's a quorum or a potential majority of
the board together at the meeting, doing the public's business or talking about the public's business.
Those meetings need to be held, noticed, and public access given to them in order for them to be valid.
But these days, more and more people are more and more conscious of what's going on with public
bodies and are more attentive to the business that's being done by public bodies.
Meeting minutes need to be kept of all public meetings and public bodies. There are multiple types of
meetings: regular scheduled meetings, special called meetings, and emergency called meetings,
electronic meetings (mainly used during covid).
Mr. Brooks questioned if they have run into a problem where people are actively doing active records
management.
Mr. Horner responded, " Yeah, that's becoming more common in different jurisdictions. As a matter of
fact, I don't think it's as prevalent as it should be. Because it is one way to, within the bounds of the law,
kind of reduce your exposure to the 20,000-email kind of request.”
Dr. Berryhill asked if it makes a difference whether the communication is only a municipal or public
device versus a personal device.
Mr. Horner answered the question with, “the record is the content doesn't matter where it's located.
You know, when it's on a personal phone, whether it's on your kids’ phone, whether it's on your work,
phone, could be your job at your office.”
Economic Development Reset:
Chairman Allen started off by saying as the Chairman, can do a better job. The first thing was to support
Ms. Lynch, director and have her in every way possible and would like to have a general discussion.
Mr. McKinney started off the general discussion by stating the reasoning for the topic being added to
the agenda today is that there has been talk about the past meeting for various members of the board
who didn’t think the meetings were very meaningful. his idea that we will have a little discussion day
about what information the commission members find valuable. What can we maybe modify and
presented a different way? Is there something you're not getting? That you would like to get? We are
asking Ms. Lynch to provide to us doesn't need to be so demanding that it keeps you from doing the
more important parts of the job.
Ms. Lynch stated “I do try, you know, to get you all the information you need, that doesn't necessarily
have to come in at our point. That's for you all to decide that I can verbally say just as well as when I'm
reading the PowerPoint.”
There is a database that Economic Development keeps which is a Salesforce database that every project
that comes in gets logged, whether estimate, I don't submit, and sometimes the reason why I don't
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EDC Minutes for March 26, 2024
submit is lengthy. Sometimes it's very short. Sometimes it's just that we don't have inventory. There is a
ton of projects that I submit for that I never hear anything back from, I don't know who they are, I don't
know what they are, I don't know what industry they are. So, it opens the door for a ton of criticism that
I can't answer for. I can't answer why my project doesn't go forward. I can't answer why they don't call
me back. I can't answer why they may have chosen later on another state.
Dr. Senegal questioned if there are any insights about the 50 projects that we weren't able to submit
for? Does that give us any insights as Person County about what we should be focusing on to make
ourselves more attractive, absolute investment, so what's the true line? Ms. Lynch stated that that one
of the things that I have a list to talk to you about but that's one of the things that are taught to the
county manager about is I have seen what these projects are asking for what we do not have Ron, and I
have already started the process of looking at what is available inventory. Economic development is not
just putting a new industry here. It's not, it's about making you want to live here, play here, build a
house here, go to college here, open your own business here. Ms. Lynch needs freedom to do what I
need to do to make economic development work in this county, because it changes every day, every
second.
Ms. Newell questioned and asked for clarification on what Ms. Lynch, Mr. Eatmon and Ms. Whitt do just
to understand the focus of the department. Ms. Lynch stated that she worked with the HR Department
and the county manager to redo the system director position and not have one anymore. And one of
the main reasons that did that was it wasn't transparent what that person did.
Strategic Plan:
Ms. Lynch started off with a brief update on a couple matters, update on GKN because it is a major
talking point in the community NCWorks, commerce, Kerr Tar, Jody all went to visit them yesterday.
They had a very good visit. From my understanding we are looking at about 82 employees that
are displaced, 41 employees declined and 22 chose retirement. The last thing to be share is a small
update on WRAL, I'll receive the marketing numbers next week, from the marketing numbers, we got
just a tidbit. They were astronomically popular, look forward to sharing.
What we have found, and Bryan will attest is that we are seeing a shift from what they call a strategic
plan to an action plan. And I told you all about this that a couple of meetings ago, and told you that we
had worked with Ted Abernathy to do this great study, and provided our strategic made our strategic
plan off of it. But I needed more condensed, I needed it more condensed and one pager kind of thing.
Just that it's easy to read more concise, who knows what our plan going forward is what are what we
want to focus on.
The North Carolina Association of County Commissioners, they have hired strategic project coordinators
that they place in local government. So we have one of those resources working with us on the opioid
settlement. And they were available to work on this project as well. Ms. Lynch stated what we did is we
took the very big strategic plan, we went through it, we can did some items, we added some items to
make it more transparent to make it more focused, then we came up with this beautiful sheet that
makes it very clear what we're going to, what our purpose is, and what I hope we can focus on retaining
the existing industry. Most economic development departments or commissions do this plan for a year
or two.
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Person County Demographic Report
4 13 11
61
10 18 7
24 14 6
32
4
27
50
38
37
43
49 63
58
40
36
34
36
3
3
1
1
2
3 1
4
1
4
3
5
0
20
40
60
80
100
120
Permit Activity
SFD (Single Family Dwelling)Bldg (No-mods)Modular Homes
$-
$5,000,000.00
$10,000,000.00
$15,000,000.00
$20,000,000.00
$25,000,000.00
$30,000,000.00
November 2023 Net
Collections
November 2022 Net
Collection
December 2023 Net
Collections
December 2022 Net
Collections
January 2024 Net
Collections
January 2023 Net
Collections
Sales Tax
Person Caswell Orange Durham Granville
4.00%
3.10%3.20%
3.60%
2.80%
3.50%
0.00%
0.50%
1.00%
1.50%
2.00%
2.50%
3.00%
3.50%
4.00%
4.50%
January 2024 Unemployment Rates
Caswell County Durham County Granville County
North Carolina Orange County Person County
$841.00
$1,857.00
$1,108.00
$1,348.00
$1,477.00
$942.00
$854.00
$1,648.00
$1,047.00
$1,198.00
$1,358.00
$901.00
$850.00
$1,741.00
$1,030.00
$1,222.00
$1,421.00
$900.00
$0.00 $1,000.00 $2,000.00 $3,000.00 $4,000.00 $5,000.00 $6,000.00
Caswell County
Durham County
Granville County
North Carolina
Orange County
Person County
Average Weekly Wage 2023
Q1 Q2 Q36 of 27
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Person County
Economic Development
Commission
Ethics Training
March 26, 2024
Bob Hornik, Attorney
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Overview of Presentation
1.Open Meetings Law
2.Public Records Act -Overview
3.Public Records Act -Confidentiality in Economic Development
4.Conflicts of Interest
5.Criminal Self-Dealing Statutes
6.What If You Are Unsure?
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Open Meetings Law
§ 143-318.9.Public policy.
Whereas the public bodies that administer the legislative,policy-making,quasi-judicial,administrative, and
advisory functions of North Carolina and its political subdivisions exist solely to conduct the people's business,
it is the public policy of North Carolina that the hearings, deliberations,and actions of these bodies be
conducted openly.
§ 143-318.10. …(b). “Public body"means any elected or appointed authority, board, commission,committee,
council, or other body of the State,or of one or more counties,cities,school administrative units,constituent
institutions of The University of North Carolina, or other political subdivisions or public corporations in the
State that (i)is composed of two or more members and (ii)exercises or is authorized to exercise a legislative,
policy-making, quasi-judicial, administrative,or advisory function.
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Open Meetings Law
§ 143-318.10. …(d)"Official meeting"means a meeting,assembly,or gathering together at any time or placeor the simultaneous communication by conference telephone or other electronic means of a majority of themembersof a public body for the purpose of conducting hearings, participating in deliberations, or voting uponor otherwise transacting the public business within the jurisdiction,real or apparent, of the public body.However,a social meeting or other informal assembly or gathering together of the members of a public bodydoes not constitute an official meeting unless called or held to evade the spirit and purposes of thisArticle.
§ 143-318.10. …(e)Every public body shall keep full and accurate minutes of all official meetings,includinganyclosedsessionsheld pursuant to G.S. 143-318.11 .Such minutes may be in written form or,at the option ofthe public body,may be in the form of sound or video and sound recordings.When a public body meets inclosedsession,it shall keep a general account of the closed session so that a person not in attendance wouldhave a reasonable understanding of what transpired.Such accounts may be a written narrative, or video or audiorecordings.Such minutes and accounts shall be public records within the meaning of the Public Records Law,G.S. 132-1 et seq.;provided, however, that minutes or an account of a closed session conducted in compliancewithG.S. 143-318.11 may be withheld from public inspection so long as public inspection would frustrate thepurpose of a closed session.
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Open Meetings Law
§143-318.11 .Closed sessions.
§143-318.12.Public notice of official meetings.
§143-318.13.Electronic meetings;written ballots;acting by
reference.
§143-318.14.Broadcasting or recording meetings.
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Public Records Act
§132-1. "Public records" defined.
(a) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, photographs,
films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other
documentary material, regardless of physical form or characteristics, made or received pursuant to law or
ordinance in connection with the transaction of public business by any agency of North Carolina government or
its subdivisions. Agency of North Carolina government or its subdivisions shall mean and include every public
office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau,
council, department, authority or other unit of government of the State or of any county, unit, special district or
other political subdivision of government.
(b) The public records and public information compiled by the agencies of North Carolina government or its
subdivisions are the property of the people. …
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Public Records Act:
Confidentiality in Economic Development
§132-1.2. Confidential information.
Nothing in this Chapter shall be construed to require or authorize a public agency or its subdivision to disclose
any information that:
(1) Meets all of the following conditions:
a. Constitutes a "trade secret" as defined in G.S. 66-152(3).
b. Is the property of a private "person" as defined in G.S. 66-152(2).
c. Is disclosed or furnished to the public agency in connection with the owner's performance of a public contract
or in connection with a bid, application, proposal, industrial development project, or in compliance with laws,
regulations, rules, or ordinances of the United States, the State, or political subdivisions of the State.
d. Is designated or indicated as "confidential" or as a "trade secret" at the time of its initial disclosure to the
public agency.
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Public Records Act:
Economic Development Incentives
§132-1.11. Economic development incentives.
(a) Assumptions and Methodologies. –Subject to the provisions of this Chapter regarding confidential information and the withholding of public records relating to the proposed expansion or location of specific business or industrial projects when the release of those records would frustrate the purpose for which they were created, whenever a public agency or its subdivision performs a cost-benefit analysis or similar assessment with respect to economic development incentives offered to a specific business or industrial project, theagency or its subdivision must describe in detail the assumptions and methodologies used in completing the analysis or assessment. This description is a public record and is subject to all provisions of this Chapter and other law regarding public records.
(b) Disclosure of Public Records Requirements. –Whenever an agency or its subdivision first proposes, negotiates, or accepts an application for economic development incentives with respect to a specific industrial or business project, the agency or subdivision must disclose that any information obtained by the agency or subdivision is subject to laws regarding disclosure of public records. In addition, the agency or subdivision must fully and accurately describe the instances in which confidential information may be withheld from disclosure, the types of information that qualify as confidential information, and the methods for ensuring that confidential information is not disclosed.
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Conflicts of Interest
§153A-44. Members excused from voting.
The board may excuse a member from voting, but only upon questions involving the member's own financial interest or official conduct or on matters on which the member is prohibited from voting under G.S. 14-234* or G.S. 160D-109. …
G.S. 160D-109(b0: (b) Appointed Boards. –Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
*on next slide
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Criminal “Self-Dealing “Statutes
NOTE: EDC members are “public officers.”
G.S. §14-234: Public officers benefiting from public contracts[.]
G.S. §14-234.1: Misuse of confidential information.
G.S. §14-234.2: Public Officer benefitting from public position.
G.S. §14-234.3: Nonprofit officials participating in contracts.
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What if I Am Unsure …
What if you are unsure as to whether you should vote?
What if you are unsure as to whether you have a conflict of
interest?
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Any Questions?
Thank you!
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