BOC Minutes May 2 2016
May 2, 2016
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 2, 2016
MEMBERS PRESENT OTHERS PRESENT
David Newell, Sr. Heidi York, County Manager
Tracey L. Kendrick C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
B. Ray Jeffers
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, May 2, 2016 at 7:00pm in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Clayton gave an
invocation and Vice Chairman Kendrick led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Vice Chairman Kendrick requested Board consideration to add an item to the
agenda for discussion related to the County Owned building located at Huck Sansbury
currently used to house Piedmont Community College’s workforce development.
A motion was made by Commissioner Jeffers and carried 5-0 to add to the agenda
an item for discussion related to the County owned building located at Huck Sansbury
currently used to house Piedmont Community College’s workforce development and to
approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Bryan Adcock of 1089 Peed Road, Rougemont spoke of his recent experience
with Person County Little League whereby his daughter and Michelle Wrenn’s daughter
participated in skills days and were told they could not play due to their skill level being
above those in the age group.
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 April 18, 2016,
B. Budget Amendment #18, and
C. Research Triangle Regional Partnership FY 2016-2017 representatives.
May 2, 2016
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NEW BUSINESS:
DONATION TO THE FIREWORKS FUND:
Ms. Beth Townsend, Piedmont Community College (PCC) representative on the
Director’s Roundtable requested the Board of Commissioners to consider funding an
appropriation to the Fireworks Fund to assist in the costs associated with the July 4th
fireworks show. Ms. Townsend noted the City of Roxboro has contracted with a vendor
to deliver the fireworks show on July 4, 2016 at a cost of just over $9,000. Ms. Townsend
stated the Directors’ Roundtable, whose membership includes representatives from
Tourism Development Authority (TDA), PCC, Parks and Recreation, Roxboro Merchants,
Senior Center, Chamber of Commerce and Roxboro Development Group, has pledged
through fundraising efforts to contribute $1,500. Ms. Margaret McMann, TDA Director
added a grant award in the amount of $500 was awarded from the TDA to the Fireworks
Fund.
A motion was made by Commissioner Jeffers and carried 4-1 to appropriate
$4,000 to the Fireworks Fund from the County’s Contingency Fund. Vice Chairman
Kendrick cast the lone dissenting vote.
PUBLIC SAFETY TOWERS AND BROADBAND CAPITAL PROJECT
ORDINANCE:
Finance Director, Amy Wehrenberg presented to the Board for approval a Public
Safety Towers and Broadband Capital Project Ordinance for the construction of two
communication cell towers, the purchase of VHF equipment, hand-held and vehicular
radios, and implementation of a broadband grant program. Ms. Wehrenberg stated Board
approval allows for the creation of this Project on the County's books and lists the revenues
and expenditures that would be part of this project. Ms. Wehrenberg noted the Board gave
direction as part of their adopted Capital Improvement Plan on April 18, 2016 to fund a
portion of the expenditures associated with this project with debt proceeds.
Ms. Wehrenberg told the group that contingency funds in the amount of $100,000
from the General Fund was a part of the request in the Capital Project Ordinance to cover
possible project bid overages and any other unforeseen costs. Ms. Wehrenberg anticipated
that advanced funds will be transferred to cover related payments when due, such as
planning and consulting costs and the purchase of radio equipment that was scheduled to
occur in July or August 2016. As stated in Section 6 of the ordinance, “Any such advances
made prior to the securing of adequate financing is intended to be reimbursed from the
financing proceeds.” The total loan financing for this Project is estimated to be $3,973,600.
Construction bids are anticipated by the spring of 2017, and the closing of this loan is
expected to take place in early summer of 2017. Ms. Wehrenberg stated a financing
calendar schedule will be provided as this project developed with the exact date for
construction bids.
May 2, 2016
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A motion was made by Commissioner Puryear and carried 5-0 to approve the
Public Safety Towers and Broadband Capital Project Ordinance as presented.
May 2, 2016
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May 2, 2016
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COUNTY OWNED BUILDING LOCATED AT HUCK SANSBURY CURRENTLY
USED TO HOUSE PIEDMONT COMMUNITY COLLEGE’S WORKFORCE
DEVELOPMENT:
Vice Chairman Kendrick asked Dr. Walter Bartlett, President of Piedmont
Community College (PCC) to discuss with the Board the county owned building located
at Huck Sansbury that houses the PCC Workforce Development programs. Dr. Bartlett
told the group the workforce programming agencies and guidelines have changed over the
years. Historically (for over 20 years), PCC was awarded the workforce grant through the
Kerr Tar Council of Government and Dr. Bartlett said it was last awarded to a nonprofit
organization, GMSI. Dr. Bartlett stated the nonprofit, GMSI, was housed in the Roxboro
Building and did not partner with PCC for workforce training and development.
When asked what agencies are currently housed in the county owned building with
PCC, Dr. Bartlett said Division Work Solutions (DWS), a state agency formerly known as
Employment Security Commission lost state funding for rent so he decided as a partner to
workforce training, he allowed them space within the building at no costs in rent fees. Dr.
Bartlett informed the Board that a for-profit agency called EDSI that provides services for
displaced workers for both adult and youth entered into a lease agreement with PCC for a
term starting October 1, 2015, terminating July 31, 2016 and charged a rental fee in the
amount of $250 per month paid to PCC. Dr. Bartlett stated he intended the rental fee to
cover cost sharing for the part-time receptionist. Dr. Bartlett confirmed that PCC provided
custodial services for the building and that the county pays for the utilities, general liability
insurance and water. County Manager, Heidi York added that the annual utilities cost for
the site which also includes the administrative offices for Parks and Recreation was
$26,000. Ms. York noted a new roof costing $100,000 and a HVAC unit costing $18,000
was being installed as well. Dr. Bartlett noted another nonprofit, Telamon, which will
provide community based services had inquired to which he was not planning to charge
rent. Ms. York noted the Telamon representative told her that they were asked to pay $250
in monthly rent. Ms. York stated she was unaware of any other agencies occupying the
building other than PCC.
Dr. Bartlett stated because PCC did not have an agreement or Memorandum of
Understanding related to the space, he was unsure what he had the authority to do or not to
do with the space. Dr. Bartlett said he had submitted to the County Manager for the County
Attorney’s review the lease he had used requesting guidance on how to proceed with the
state agency, the nonprofit agency and the for-profit agency.
Dr. Bartlett told the group he had two full time and two part time staff in the
building.
Chairman Newell asked County Attorney, Ron Aycock to provide a legal consult
on the situation. Mr. Aycock stated without a lease between Person County and PCC, there
was no authority for PCC to legally sublease or attempt to sublease property under which
it has no control.
May 2, 2016
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Vice Chairman Kendrick spoke of his opposition to PCC signing any such sublease
agreement(s), collecting rent fees, and authorizing improvements to the building without
the authority to do so. Vice Chairman Kendrick opposed the fact that a for-profit
organization was housed in a county owned building noting taxpayers are footing the bill
for the utilities, insurance, etc., and this opportunity was not offered to other businesses.
Commissioner Clayton advocated for the workforce programming entities to
remain in one central location to aid the displaced workers to get needed resources in one
stop versus going to several locations in the city. Commissioners Clayton and Jeffers
suggested a legal lease be drafted by the County Attorney to allow PCC a legal binding
lease with authority to allow workforce programming partners to be housed in the same
site. Commissioner Clayton asked Dr. Bartlett if the agencies at the site had interest to
remain housed there to which he replied affirmatively.
Mr. Donald Wilson, Chairman of the PCC Board of Trustees interjected from the
audience that the intent was to serve the clients noting the rental rate of $250 per month
was a nominal amount for the square footage.
A motion was made by Commissioner Clayton to charge EDSI (for-profit agency)
$250 rent fees per month and to work on an agreement with Telamon and PCC for the
minimum amount the County Attorney can do to lease the building.
Mr. Aycock asked for clarification that the Board desired to enter into a lease with
PCC for the entirety of the property and for all providers; and in that lease, authorize PCC
to sublease a portion of that property to EDSI, Telamon and ESC (DWS) asking the Board
which entity would receive the $250 monthly rental fees. Vice Chairman Kendrick stated
the County should receive the rental fees due to the building being owned by County and
in paying the utilities and maintenance. Mr. Aycock stated if the desire was for the County
to receive the rental fees, then, rather than subleasing the entirety of the property to PCC,
the County could lease the property to PCC only to the extent that nonprofits are to use that
space with a separate lease between County and EDSI. Mr. Aycock noted there was
authority for counties to cooperate in providing services with other governmental type
entities.
Dr. Bartlett advocated for the rental fees to be shared between the County and PCC
due to PCC paying for services, i.e. the receptionist, internet. Vice Chairman Kendrick
stated disagreement with Dr. Bartlett on that point. Commissioner Clayton voiced his goal
to keep the workforce programming together working cooperatively noting support for
PCC to get rental fees or a portion thereof to offset the expenses PCC incurs for the other
agencies.
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Vice Chairman Kendrick asked Dr. Bartlett if some clients attend PCC for
workforce development and are sometimes paid by the state or the individual themselves
pay for workforce training and development to which he replied affirmatively. Dr. Bartlett
added that EDSI will send clients to the college for the curriculum programming where
GMSI was sending clients to Durham Tech.
Commissioner Jeffers stated his support for private agency’s rent fees being used
to offset the expenses for the receptionist, telephone and internet.
Commissioner Clayton restated his motion was for the County Attorney to write
up a contract for the least cost with PCC and Telamon and to let PCC sublease for $250
per month to EDSI.
Chairman Newell stated the simplest way would be to lease to PCC for $1 per year.
Commissioner Clayton added that the lease should include authorization for PCC to
sublease. Chairman Newell noted his preference for some kind of agreement to have a
binding contract in place as well as to stipulate all agencies provide the County with a hold
harmless clause of some type that makes them responsible for the liability.
Commissioner Puryear asked the County Attorney if there was any recourse for
EDSI to request refund of the rent fees due to the fact that there was no legal binding
agreement. Mr. Aycock stated there was no opportunity for them to seek any type of
damages or recourse from PCC or from the County as they have in fact received a benefit
to which they paid. Mr. Aycock further noted no liability issues especially if it is the desire
by the Board for EDSI to remain in the building for the remainder of the term they have in
place.
Chairman Newell asked what term would be put onto the lease with PCC.
Commissioner Jeffers advocated for the term to coincide with the sublease with EDSI.
Ms. York asked Dr. Bartlett if these workforce training and development functions
were intended to be moved into the Small Business Center, aka the Business Development
Entrepreneur Center (BDEC). Dr. Bartlett stated in the process of doing the bond, the
second floor of the BDEC would be upgraded and, in turn, move the workforce operations.
Dr. Bartlett stated his preference for a 5-year lease to complete construction.
Mr. Aycock summarized there was some intent by the Board for the term of the
lease to be as long as necessary until such time PCC moves the workforce operation to the
other facility. Commissioner Jeffers reiterated the lease was needed with PCC due to the
need for PCC to sublease so he preferred for the lease to coincide with the sublease term.
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Chairman Newell asked the Board to consider the situation should the County need
that particular building. Commissioner Clayton stated the sublease that PCC has written
included a 30-day out clause upon notice by either party. Mr. Aycock stated the County
could include a termination clause for so many days, i.e. 30-days, 60-days, 90-days.
Chairman Newell suggest a 5-year lease with a 90-day termination notice clause.
Commissioner Clayton again recounted his motion to write up a lease with PCC
that authorizes a sublease.
Commissioner Puryear asked about off-setting costs for utilities in the lease noting
PCC would not be charging a nonprofit any rental fees so what cost sharing between PCC
and the County. Commissioner Clayton stated his preference for PCC to retain the rental
fees for their expenses incurred.
Ms. York told the Board that a lease agreement would be brought back to the Board
for review and approval.
Mr. Aycock summarized an amended motion for Commissioner Clayton’s
consideration as follows:
An amended motion was made by Commissioner Clayton and carried 5-0 to
direct the County Attorney and the County Manager to prepare a lease agreement with PCC
for a term not to exceed five years, and in that lease agreement, to authorize PCC to
sublease space to other entities doing the same kind of work that PCC is doing with a
provision that any for-profit entity must be charged a rate of $250.00 per month; included
also in the lease will be a provision for either party to terminate the lease upon 90-day
notice and that the final lease document be brought back to the Board for approval.
May 2, 2016
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CHAIRMAN’S REPORT:
Chairman Newell reported that he, Stuart Gilbert, Economic Development
Director, and the Economic Development Commission were working hard to certify a site
for hard sell noting an obstacle for the project was to fund getting water from the Dan River
to the site.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers had no report.
Commissioner Clayton had no report.
Commissioner Puryear had no report.
Vice Chairman Kendrick reported that public input was sought for the proposed
Senior Center design at a scheduled public forum on May 11, 2016 starting at 5:00pm in
the County Office Building Auditorium.
May 2, 2016
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CLOSED SESSION #1
A motion was made by Vice Chairman Kendrick and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a) (3) to consult with an attorney and 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
the price and other material terms of a contract at 8:21pm with the following individuals
permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves,
County Attorney, Ron Aycock, Assistant County Manager, Sybil Tate, and Mike Brinchek
via telephone conference call.
Chairman Newell called the Closed Session to order at 8:22pm.
A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open
session at 8:57pm.
ADJOURNMENT:
A motion was made by Vice Chairman Kendrick and carried 5-0 to adjourn the
meeting at 9:00pm.
_____________________________ ______________________________
Brenda B. Reaves David Newell, Sr.
Clerk to the Board Chairman