BOC Minutes July 21 2014
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PERSON COUNTY BOARD OF COMMISSIONERS JULY 21, 2014
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Sybil Tate, Assistant County Manager
Kyle W. Puryear C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Frances P. Blalock
David Newell, Sr.
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, July 21, 2014 at 9:00 am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Clayton called the meeting to order, led invocation and asked Vice
Chairman Jeffers to lead the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Blalock and carried 5-0 to approve the
agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Jamie Gerhart of 4605 Sycamore Shoals Road, Durham and Sheetz, Inc. Site
Selector addressed the Board related to a letter notifying Sheetz that the County would
not be providing an economic incentive in the amount of $75,000 that had been
previously indicated via a letter from the County Manager in 2012 without any
conversation with Sheetz representatives.
Mr. Frank Shotwell of 285 Tonka Drive, Roxboro requested Board assistance
related to county regulations for abandoned and unkempt property, noting the adjacent
property to his residence, currently owned by Brady Holmes and Steve Thomas, was a
burned, run-down home with very tall grass/weeds. Mr. Shotwell passed out a
photograph of the property.
Ms. Phyllis Sutton of 72 Shannon Road, Timberlake addressed the Board about
the older citizens of the county, noting federal and state funding has been decreased for
local programming that is needed.
Ms. Susan Naylor of 481 Valhalla Drive, Timberlake spoke to the Board about
the need for an appropriate space in one building to house all senior center services,
noting the current situation has the seniors in three separate facilities.
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Ms. Sam Moore of 605 Long Avenue, Roxboro advocated for a dedicated senior
center.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of June 2, 2014
B. Approval of Minutes of June 3, 2014
C. Approval of Minutes of June 5, 2014
D. Approval of Minutes of June 16, 2014
E. Budget Amendment #1
F. CDBG Monthly Reporting for the month of June 2014
G. Tax Adjustments for June 2014
a. June 2014 tax releases; and
b. June 2014 NC Vehicle Tax System pending refunds
H. Application Public School Building Capital Fund NC Education Lottery for Oak
Lane Elementary (painting) $59,860.00
I. Application Public School Building Capital Fund NC Education Lottery for
Person High (painting) $167,472.00
Vice Chairman Jeffers requested the Assistant County Manager to report the
available funding in the lottery fund. Assistant County Manager, Sybil Tate stated she
would report back to the Board with this information.
NEW BUSINESS:
RESOLUTION APPOINTING REVIEW OFFICERS:
Register of Deeds, Amanda Garrett presented to the Board a Resolution
appointing Review Officers for adoption which due to a change in personnel would add
Michael A. Ciriello to the list of approved Review Officers for Person County.
A motion was made by Vice Chairman Jeffers and carried 5-0 to adopt a
Resolution appointing Review Officers as presented.
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FIRST READING OF AN AMENDMENT TO THE FALLS WATERSHED
STORMWATER ORDINANCE FOR NEW DEVELOPMENT:
Assistant County Manager, Sybil Tate stated the proposed amendment is before
the Board due to Public Service of NC (PSNC) constructing an upgrade to its unmanned
natural gas compressor station located on Billy Hicks Road, which also lies within the
Falls Lake watershed of Person County and is thus required to comply with the County’s
stormwater ordinance. Ms. Tate noted as the ordinance is currently written, it requires
PSNC to inspect the on-site BMP’s (bioretention area and swales) once a month. The
monthly inspection does not require an engineer and can be completed by PSNC’s own
staff. Ms. Tate clarified the monthly inspection is separate and apart from the annual
engineering inspection required. Ms. Tate further noted that since the PSNC facility is
unmanned, this requirement is problematic, thus PSNC’s request to Person County staff
to review the Stormwater Ordinance’s requirement to inspect stormwater BMP’s once a
month and offer an alternative schedule.
Ms. Tate said staff considered quarterly, every six months and once a year
inspections and PSNC requested an annual inspection, while the county’s stormwater
engineer recommended every quarter. After discussion with Planning and Environmental
Health staff, Ms. Tate stated the language requiring inspection once a year, while also
providing the Stormwater Administrator flexibility to change the inspection frequency, if
necessary, would be sufficient.
Ms. Tate presented the proposed amendment language as follows noting to
exclude the reference of (2.83”) which would be removed:
31-401 GENERAL STANDARDS FOR MAINTENANCE
(C) Unmanned Public Utilities
The Stormwater Administrator may approve inspection requirements for unmanned
public utilities that are less stringent than those set out in the Design Manual, provided
an annual inspection is conducted at least once per calendar year and, after each 1-year,
24-hour storm (2.83"). An alternate inspection frequency for unmanned public utilities
may be approved to achieve the aims of the stormwater ordinance and/or to protect health
and safety. For the purposes hereof, “public utility” shall be defined as set out in Article
1, Chapter 62 of the North Carolina General Statutes.
Ms. Tate stated the Board is not required to have a public hearing but may call for
a public hearing if so desired. The Board may adopt the proposed amendment to the
ordinance as presented at the First Reading by unanimous vote or by simple majority vote
at the Second Reading.
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A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
amendment to the Falls Watershed Stormwater Ordinance for New Development with the
official language as follows:
31-401 GENERAL STANDARDS FOR MAINTENANCE
(C) Unmanned Public Utilities
The Stormwater Administrator may approve inspection requirements for
unmanned public utilities that are less stringent than those set out in the Design Manual,
provided an annual inspection is conducted at least once per calendar year and, after
each 1-year, 24-hour storm. An alternate inspection frequency for unmanned public
utilities may be approved to achieve the aims of the stormwater ordinance and/or to
protect health and safety. For the purposes hereof, “public utility” shall be defined as set
out in Article 1, Chapter 62 of the North Carolina General Statutes.
FIRST READING OF A REVISED RECREATION ADVISORY BOARD
ORDINANCE:
John Hill, Director of the Recreation, Arts, and Parks on behalf of the Person
County Recreation Advisory Board presented to the Board of Commissioners a revised
Recreation Board Ordinance for consideration for adoption. Mr. Hill stated the
recommended changes have been researched and tailored to current Recreation Industry
trends, practices, and needs from our citizens in Person County. Vice Chairman Jeffers,
the commissioner representative on the Recreation Advisory Board stated the two
additional citizen appointments by the Recreation Advisory Board would be used to
promote diversity.
The Board of Commissioners is not required to have a public hearing but may call
for a public hearing if so desired. The Board may adopt the proposed ordinance as
presented at the First Reading by unanimous vote or by simple majority vote at the
Second Reading.
A motion was made by Vice Chairman Jeffers and carried 5-0 to approve the
revised Recreation Advisory Board Ordinance as presented.
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RESOLUTION EXEMPTING ENVIRONMENTAL STUDIES FOR THE PUBLIC
SAFETY COMMUNICATIONS SYSTEM PROJECT:
Assistant County Manager, Sybil Tate reminded the Board that the Fiscal Year
2014-2015 budget included $100,000 of funding to conduct environmental studies on
four potential tower locations in Person County to determine feasibility of each site. Ms.
Tate noted the four potential sites are Mt. Tirzah, Bushy Fork, Woodland Elementary and
Bethel Hill. Ms. Tate informed the Board that NC General Statute 143-64.32 allows
exemption from the Qualification-Based Selection (QBS) process, if architectural,
engineering, surveying and construction services are less than $50,000. In the case of the
environmental studies, the total cost of engineering and surveying is estimated to be
$40,000, which qualifies this work for the exemption as illustrated on the cost breakdown
below:
Ms. Tate stated in order to exempt this project from the QBS process, the Board is
required to adopt a Resolution exempting Environmental Studies for the Public Safety
Communications System Project. Ms. Tate recommended the exemption, since the
engineering firm being considered has conducted many of the State’s VIPER tower
environmental studies and is highly recommended noting the exemption also saves staff
and the third-party consultant’s time.
Commissioner Puryear asked the County Attorney to further explain the QBS
process. County Attorney, Ron Aycock stated the General Assembly passed a law for the
QBS process to require a two-phase examination of any planning and engineering
services. The first phase is a non-competitive phase but a phase based upon whether or
not the entity asking for the jobs have qualifications to do the job; an examination of the
professional capacity of engineering firms, architectural firms, etc., or technical
qualifications. Mr. Aycock noted the first determination is whether or not the entity
eligible for the job is indeed qualified, and then if the job is of sufficient size, then the job
would be bid; in this case, the project is small enough to meet the exemption and would
not be bid out, if the Board adopts the exemption resolution.
A motion was made by Commissioner Puryear and carried 5-0 to adopt a
Resolution exempting Environmental Studies for the Public Safety Communications
System Project.
ENGINERING AND SURVEY COST BREAKDOWN --- 4 PUBLIC
SAFETY TOWERS
ITEM
UNIT
PRICE QUANTITY
EXTENDED
PRICE
Engineering activities $7,000 4 $28,000
Site Surveying $3,000 4 $12,000
TOTAL $10,000 4 $40,000
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APPOINTMENT TO BOARDS AND COMMITTEES:
Clerk to the Board, Brenda Reaves presented to the Board citizen applications for
consideration for appointment to boards and committees.
Ms. Reaves stated the Regional Ombudsman for the Kerr Tar Regional Council of
Governments found Ms. Carol Reed appropriate to serve on both the Adult Care Home
Community Advisory Committee as well as the Nursing Home Advisory Committee.
A. Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 1 position available
Carol Reed requests appointment (initial one-year term to 12/31/15)
B. Nursing Home Advisory Committee
1-Year Initial Term; 3-Year Reappointment; 2 positions available
Carol Reed requests appointment (initial one-year term to 12/31/15)
A motion was made by Commissioner Puryear and carried 5-0 to appoint Carol
Reed to the Adult Care Home Community Advisory Committee and the Nursing Home
Advisory Committee for an initial one-year, each term ending December 31, 2015.
C. Environmental Issues Advisory Committee
3-Year Term; 1 position available for a representative for the Woodsdale
Township
Grey Pentecost requests appointment (term to 6/30/17)
A motion was made by Commissioner Blalock and carried 5-0 to appoint Grey
Pentecost to the Environmental Issues Advisory Committee for a 3-year term to June 30,
2017.
D. Region K Aging Advisory Council
3-Year Term: 2 positions available
1) Jackie Watson requests appointment (term to 12/31/17)
2) Dr. Rosalie Gates requests appointment (term to 12/31/17)
A motion was made by Vice Chairman Jeffers and carried 5-0 to appoint Jackie
Watson and Dr. Rosalie Gates to the Region K Aging Advisory Council, each for a 3-
year term to December 31, 2017.
E. Youth Advisory Council – Vice Chairman Jeffers requested the Board address the
Youth Advisory Council at its next meeting scheduled for August 4, 2014.
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TAX COLLECTOR SETTLEMENT:
Tax Administrator, Russell Jones stated as required by General Statute 105-
373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years
must be made with the governing body of the taxing unit. The Fiscal Year 2013-2014
“2013 Tax Settlement” report follows:
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A motion was made by Commissioner Newell and carried 5-0 to accept the Tax
Collector Settlement for Fiscal Year 2013-2014 as presented by the Tax Administrator.
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ORDER TO COLLECT TAXES:
Tax Administrator, Russell Jones stated as required by General Statute 105-321,
the governing board of the taxing unit must issue an order of collection to tax collectors.
This gives the tax collector legal authority to collect taxes.
A motion was made by Commissioner Puryear and carried 5-0 to direct the Tax
Collector to collect taxes for 2014 and all delinquent taxes from prior years.
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ECONOMIC DEVELOPMENT UPDATE:
Economic Development Director, Stuart Gilbert along with Economic
Development Commission (EDC) Vice Chairman Kenneth Perry and EDC Secretary, Dr.
Walter Bartlett, provided an update on the following topics:
I. Economic Development Commission’s (EDC) current membership noting
officers are as follows for the current fiscal year:
Randy Reynolds, Chairman
Kenneth Perry, Vice Chairman
Dr. Walter Bartlett, Secretary
Mr. Gilbert noted the EDC meetings are held the third Thursday of each month at
8:00 am in the Tax Office conference room.
II. EDC and Person County Business Industrial Center (PCBIC) derived Data from
Web GIS, Fiber Study, New Graphics and New Website and IEDA Site Selection
Data Standards: Key Elements for being prepared for new industry
III. Project Trace
IV. New Industrial Opportunities for Person County
V. EDC Partnerships and Recent Events
VI. Jobs and Investment Data
VII. Economic Development Prospect Update and Reporting
Mr. Perry stated Mr. Gilbert, Person County’s Economic Development Director,
received a certified economic certification (CEcD) by the International Economic
Development Council, noting only 1200 economic development professionals across the
country have this designation, which validates his expertise in the field and enhances his
professional standing.
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Mr. Perry reminded the group that during the last two years the County has hired
an Economic Development Director as well as an Executive Assistant.
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Mr. Perry noted the Geographic Information System was a needed tool to enhance
the response time for prospective projects for Person County.
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Dr. Bartlett spoke of the major implications to Person County should Project
Trace come to fruition noting the grants process is very competitive and the need to be
pre-prepared to be eligible for consideration. Dr. Bartlett stated the Duke Energy Site
Readiness Program is an assessment tool to identify good industrial sites with a matching
grant opportunity. Dr. Bartlett noted Piedmont Community College’s commitment to
develop training programs to match the prospective workforce.
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Mr. Gilbert announced a valid offer to purchase property for future business
development.
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Mr. Perry summarized Person County’s Economic Development from
2010 to present noting 452 jobs created with over $274M investment, capital investment
of $416M and $3.5M county awarded incentives.
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Vice Chairman Jeffers requested Mr. Gilbert to update the Person County Profile
on the NC Commerce web site. Mr. Gilbert stated the needed updates are forthcoming.
Vice Chairman Jeffers advocated for the multi-jursidicational park concept with
Durham and/or Orange County not fall to the wayside. Mr. Gilbert stated that when the
consultant reported to the Board, there were no property owners willing to sell large
parcels to make up the 400-500 acres need for an industrial park; however there is new
information which he hopes to report on in the next couple of months.
DESIGNATE NCACC VOTING DELEGATE:
Chairman Clayton stated Voting Credentials for the 2014 NC Association of
County Commissioners Annual Conference in Buncombe County must be submitted by
August 1, 2014 in order for Person County’s delegate to participate in the association’s
annual election of officers and policy adoption.
A motion was made by Vice Chairman Jeffers and carried 5-0 to designate
Chairman Clayton as Person County’s delegate to participate in the NC Association of
County Commissioners Annual Conference election of officers and policy adoption.
CHAIRMAN’S REPORT:
Chairman Clayton acknowledged the work of the Economic Development
Commission members and the Economic Development Director with cooperation from
the City of Roxboro and Person County for economic development projects.
ASSISTANT COUNTY MANAGER’S REPORT:
Assistant County Manager, Sybil Tate reported the following:
• The Board’s next meeting will be held on August 4, 2014, starting at 6:00
pm for the selected boards and committees’ informal interview process
followed by a regular meeting at 7:00 pm.
• Introduced Amanda Everett, Assistant Person Industries Director, noting
she has a private sector background in recycling.
• Asked the Assistant Finance Director, Laura Jensen to orient the Board to
the Fiscal Year 2014-2015 Adopted Budget Booklet and Appendix:
Budget Detail.
• Invited the Board members to an event focusing on Person County Human
Services Networking scheduled to be held on July 24, 2014 at 10:00 am in
room S-100 at Piedmont Community College.
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COMMISSIONER REPORT/COMMENTS:
Commissioners Newell and Puryear had no report/comments.
Commissioner Blalock commented that the Granville Environmental Affairs
Committee reported that the Granville Board of Commissioners is considering adopting a
similar resolution for a moratorium to dispose of coal ash in its landfill as was done in
Person County.
Vice Chairman Jeffers reported the Person County Partnership for Children Board
hired Ms. Ann Gerrard as its Executive Director as well as introduced Mr. Matthew
Chaney as Person County’s youth delegate to attend the 2014 NC 4-H Youth Summit at
the NC Association of County Commissioners’ Conference in Asheville to be held
August 15-17, 2014.
Chairman Clayton asked the County Attorney to speak briefly on the issue raised
by Mr. Frank Shotwell during Informal Comments. County Attorney, Ron Aycock stated
Mr. Shotwell’s concern included, among others, abandoned structures that may be
prejudicial to the health and safety to people in the county, noting a statute exists that
authorizes the Board of County Commissioners to have such structures examined.
Should the structures prove to be prejudicial or a danger, the Board of Commissioners
could order the removal. Mr. Aycock stated the process would require the Planning
Department and the Health Department to work together to examine the kinds of
structures that might be prejudicial or dangerous to public health for recommendation to
the Board of Commissioners for further action. Mr. Aycock stated his willingness, at the
direction of the Board, along with the Manager and the departments to work on a
recommendation.
Commissioners Puryear and Blalock stated of another site located in the
Allensville area that should be reviewed as well. Mr. Aycock stated the site referenced
by Commissioners Puryear and Blalock is a trailer to which Person County has an
existing ordinance to regulate, noting the Planning Director has started enforcement
action to cause that particular situation to be alleviated. Mr. Aycock further noted a letter
was sent to the property owner notifying removal of the trailer by a date certain with
enforcement including criminal violation that carries a $500 per day fine if it remains out
of compliance. Other enforcement options include civil court action. Commissioner
Puryear stated that he spoke with Animal Services due to concerns about burning and
disposal of euthanized animals, and has concerns of an environmental hazard as the site
does not have running water.
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Commissioner Newell asked Mr. Aycock if such a site existed on a property,
would the fact that the owner put that piece of property up for sale stop any further
review for a danger to public health. Mr. Aycock stated that simply putting property up
for sale would not stop the process because the danger to public health would continue to
exist.
Vice Chairman Jeffers requested a proposal to address the sites discussed with the
idea that the County may consider a beautification ordinance addressing issues county-
wide. Commissioner Blalock stated the Environmental Issues Advisory Committee will
also be reviewing similar issues throughout all nine townships.
A motion was made by Commissioner Newell and carried 5-0 directing the
County Attorney to bring a proposal back to the Board with remedies related to
abandoned structures that may be prejudicial to the health and safety of the public.
Vice Chairman Jeffers asked for the Board’s desire for the Attorney to address the
comments made during Informal Comments related to Sheetz. With the nod to proceed,
Mr. Aycock stated the Board requested a report related to providing an economic
incentive to Sheetz at its April 21, 2014 meeting. Mr. Aycock stated he gave the Board
his opinion as to whether or not there was a binding contract, informal as it may be, for a
provision of an economic incentive to Sheetz and was the Board authorized to give an
economic incentive to Sheetz. Mr. Aycock explained his opinion that there was not a
binding contract present because a formal contract had never been approved by the Board
of Commissioners, albeit there was letter written by the County Manager to the Sheetz
organization. Mr. Aycock continued by stating the process requires more than a letter
from the County Manager, noting statutes require a public notice and a public hearing
before an economic incentive can be granted. Mr. Aycock said the public notice and
public hearing requirements were never met. Mr. Aycock stated a corporate, public or
private entity may not do anything which is outside its authority. Mr. Aycock spoke of
the standards required for incentives to private industry. Among the requirements is that
the project would not occur in absence of the incentive; Mr. Aycock stated at the time the
project was presented to him, the project was essentially completed and therefore did not
meet this requirement. Mr. Aycock noted the Board directed him to inform Sheetz of his
findings to which he did so by letter.
Commissioner Puryear stated the intent of the Board was to have a Closed
Session on this item but the Informal Comments made the issue public. Commissioner
Puryear read the letter dated May 11, 2012 from Person County Manager, Heidi York to
Mr. Gerhart as follows:
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Dear Mr. Gerhart.:
Person County Government is delighted that Sheetz is considering
a location here in Roxboro. To that end, the Board of County
Commissioners has agreed to a $75,000 investment towards improvements
on the proposed property. This funding will be spread over four years.
We sincerely hope that this investment is received as an indication
of our support for businesses here. Thank you for your interest in our
community.
Commissioner Puryear stated the letter from the County Manager was not read
during the April 21, 2014 Closed Session noting the intent was clearly to offer an
incentive. Commissioner Puryear stated the City of Roxboro has paid $25,000 and he
advocated the Board to strongly consider paying the $75,000, so as to not send the wrong
message to other companies looking at coming to Person County.
Commissioner Newell asked Mr. Aycock if the County could legally pay Sheetz
the incentive. Mr. Aycock stated it is his opinion that the Board is not authorized to
legally pay the incentive for the reasons stated.
Commissioner Puryear asked Mr. Aycock how the City of Roxboro was able to
pay the incentive. Mr. Aycock stated he did not presume to be the attorney for the City
of Roxboro and their attorney and/or the City of Roxboro would have to answer that
question.
Chairman Clayton announced a short break at 10:38 am prior to the Closed
Sessions.
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CLOSED SESSIONS:
Closed Session #1
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session 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 at 10:47 am with the following
individuals permitted to attend: Clerk to the Board Brenda Reaves, County Attorney Ron
Aycock, Assistant County Manager Sybil Tate, Economic Development Director Stuart
Gilbert and Summer Interns Maia Lanley and Adam Decker.
A motion was made by Commissioner Blalock and carried 5-0 to return to open
session at 11:02 am.
Closed Session #2
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session 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) at 11:02 am with the following individuals permitted to attend:
Clerk to the Board Brenda Reaves, County Attorney Ron Aycock, Assistant County
Manager Sybil Tate, Economic Development Director Stuart Gilbert and Summer Interns
Maia Lanley and Adam Decker.
A motion was made by Commissioner Blalock and carried 5-0 to return to open
session at 11:17 am.
Closed Session #3
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session 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) at 11:17 am with the following individuals permitted to attend:
Clerk to the Board Brenda Reaves, County Attorney Ron Aycock, Assistant County
Manager Sybil Tate, Economic Development Director Stuart Gilbert and Summer Interns
Maia Lanley and Adam Decker.
A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open
session at 11:25 am.
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Closed Session #4
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property at 11:26 am with the following individuals permitted to attend: Clerk to the
Board Brenda Reaves, County Attorney Ron Aycock, Assistant County Manager Sybil
Tate, Recreation Director John Hill, Summer Interns Maia Lanley and Adam Decker as
well as Brent Davis, Maynell Harper and Steve Hubrich.
A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open
session at 11:54 am.
Closed Session #5
A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed
Session 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 at 11:55 am with the following
individuals permitted to attend: Clerk to the Board Brenda Reaves, County Attorney Ron
Aycock, and Assistant County Manager Sybil Tate.
A motion was made by Vice Chairman Jeffers and carried to return to open
session at 12:05 pm.
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ADJOURN:
A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the
meeting at 12:05 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman