BOC Minutes August 5 2013
August 5, 2013
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PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 5, 2013
MEMBERS PRESENT OTHERS PRESENT
Jimmy B. Clayton Heidi York, 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. - ABSENT
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, August 5, 2013 at 7:00 pm 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. Commissioner Newell was absent
from the meeting.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Clayton stated a need to add an agenda item for a commissioner
alternate to the Work Force Development Board.
A motion was made by Vice Chairman Jeffers and carried 4-0 to add the agenda
item for a commissioner alternate to the Work Force Development Board and to approve
the agenda as adjusted.
PUBLIC HEARING:
FINANCIAL GRANT INCENTIVE FOR PROJECT LINE5 ESTIMATED AT
$1,074,290 OVER TEN YEARS:
A motion was made by Vice Chairman Jeffers and carried 4-0 to open the
recessed public hearing related to a financial grant incentive for Project Line5 estimated
at $1,074,290 over ten years.
Economic Development Director, Stuart Gilbert stated Project Line5 is a code
name of a business that is interested in establishing a new manufacturing operation in
Person County. Mr. Gilbert noted a public hearing notice has already been provided and
a public hearing was originally scheduled for May 20, 2013 at which time the Board took
action at the request of the company representatives to recess the public hearing on May
20, 2013, June 17, 2013, and July 15, 2013 to August 5, 2013. Mr. Gilbert informed the
Board that Project Line5 company representatives have modified the actual net new
investment to $6 million in new real estate and $29 million in new capital equipment
investment. Based on these slight changes, Mr. Gilbert outlined the new estimated
financial grant incentive to be decreased to $1,011,966.00 over ten years.
August 5, 2013
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Mr. Gilbert requested Board consideration to authorize a motion to approve
$1,011,966.00 over ten years to Project Line5 in financial cash grants based on net new
investment in the amount as follows:
Year 1: 85%, Year 2: 85%, Year 3: 85%, Year 4: 80%, Year 5: 75%, Year 6: 50%, Year
7: 25%, Year 8: 20%, Year 9: 15%, Year 10: 10%, and authorize Person County Board of
Commissioners’ Chairman, Jimmy B. Clayton and County Clerk, Brenda B. Reaves to
affix their signatures to documents outlining this financial cash grant investment by
Person County based on the hiring of 40 new jobs at an average annual salary of $42,000
by 2016 and the creation of $35 million dollars of net new investment by 2016.
Furthermore, the Board of Commissioners authorize Person County officials to submit a
One NC application to the NC Department of Commerce and pay the required match out
of the financial cash grant investments outlined above.
There were no individuals appearing before the Board to speak in favor or in
opposition to the financial grant incentive for Project Line5.
A motion was made by Vice Chairman Jeffers and carried 4-0 to close the public
hearing related to a financial grant incentive for Project Line5.
CONSIDERATION TO APPROVE FINANCIAL GRANT INCENTIVE FOR
PROJECT LINE5:
A motion was made by Commissioner Blalock and carried 4-0 to approve
$1,011,966.00 over ten years to Project Line5 in financial cash grants based on net new
investment in the amount as follows:
Year 1: 85%, Year 2: 85%, Year 3: 85%, Year 4: 80%, Year 5: 75%, Year 6: 50%, Year
7: 25%, Year 8: 20%, Year 9: 15%, Year 10: 10%, and to authorize Person County Board
of Commissioners’ Chairman, Jimmy B. Clayton and County Clerk, Brenda B. Reaves to
affix their signatures to documents outlining this financial cash grant investment by
Person County based on the hiring of 40 new jobs at an average annual salary of $42,000
by 2016 and the creation of $35 million dollars of net new investment by 2016.
Furthermore, the Board of Commissioners authorize Person County officials to submit a
One NC application to the NC Department of Commerce and pay the required match out
of the financial cash grant investments outlined above.
INFORMAL COMMENTS:
There were no comments from the public.
August 5, 2013
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APPROVAL OF MINUTES:
A motion was made by Vice Chairman Jeffers and carried to approve the
minutes of July 15, 2013.
OLD BUSINESS:
REVIEW OF JUNKYARD ORDINANCE:
Aaron Holland, Joint City-County Planning Director reminded the Board at their
July 15, 2013 meeting staff was requested to review current enforcement effectiveness
and to review possible options for enforcement.
Currently, the Person County Sheriff’s Office provides enforcement for both the
Junkyard Ordinance and the Unregistered Vehicle Ordinance. It was stated that in the
past, the court system has dismissed cases regarding ordinance violations due to lack of
representation of the individual making the complaint. Mr. Holland noted a suggestion
was made to amend the enforcement procedures to be similar to those found in the Person
County Zoning Ordinance and allow for assessment and collection of civil penalties.
Mr. Holland outlined the proposed enforcement procedure would consist of a
collaborative effort between the Sheriff’s Office and the Planning Department. Once a
complaint has been received, the Sheriff’s Office would verify the complaint and advise
the defendant of their options. If the complaint has not been brought into compliance by
the designated date, the Planning Department will issue a Notice of Violation letter which
will outline a deadline to initiate daily fines and filing of court charges. The Planning
Department will represent the County as plaintiff, and both the Sheriff’s Office and the
Planning Department will be present in court if the complaint reaches court proceedings.
The fines accumulated will be placed on the property as a lien (if possible).
County Manager, Heidi York stated no text amendments are needed to clarify
enforcement and allow for collection of civil penalties. Instead, changes to the
enforcement process will allow the Sheriff’s Office and the Planning Department to
collect fines more quickly. Ms. York suggested the Board authorize the new procedures
noting after a one-year trial an evaluation could take place to consider changes to the
ordinance(s) if warranted.
A motion was made by Vice Chairman Jeffers and carried 4-0 to authorize the
Planning Department and Sheriff’s Office to work under the new procedures as
presented.
It was the consensus of the Board for staff to issue a press release advising
citizens of the new procedures.
August 5, 2013
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NEW BUSINESS:
CDBG MONTHLY REPORTING:
County Manager, Heidi York presented to the Board the CDBG monthly activities
report and a Monthly Performance Status Report for July 2013 that is due to be submitted
to the Division of Community Assistance.
A motion was made by Commissioner Blalock and carried 4-0 to accept the
monthly report as presented.
BUDGET AMENDMENT:
Finance Director, Amy Wehrenberg presented and explained the following
Budget Amendment.
Upon a motion by Vice Chairman Jeffers and majority vote (4-0), the Board of
Commissioners of Person County does hereby amend the Budget of the General Fund(s)
on this, the 5th day of August 2013, as follows:
Dept./Acct No. Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 60,000
Human Services 19,854
Education (40,000)
Culture and Recreation 40,000
REVENUES General Fund
Intergovernmental Revenues 60,000
Fund Balance Appropriation 19,854
Explanation:
Moving capital funds to Kirby Theater department for Kirby Rebirth project;
appropriate DSS fund balance for temporary help for the conversion of all income
maintenance files to NCFAST ($19,854); and receive Hazard Mitigation Grant funds for
purchase and installation of backup generator for Person County Emergency Operations
Center ($60,000).
August 5, 2013
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COMMISSIONER ALTERNATE TO THE WORK FORCE DEVELOPMENT
BOARD:
Chairman Clayton stated his reason to add this item to the agenda was due to a
special called Work Force Development Board meeting for Thursday, August 8, 2013 at
5:30 pm to be held at the Kerr Tar Regional Council of Government (COG) office in
Henderson and the fact Commissioner Newell, the commissioner representative on the
Work Force Development Board is out of town and unavailable to attend. Chairman
Clayton volunteered to attend the meeting.
A motion was made by Commissioner Puryear, and carried 4-0 to appoint
Chairman Clayton as the alternate commissioner representative to the Work Force
Development Board.
CHAIRMAN’S REPORT:
Chairman Clayton bid congratulations to Vice Chairman Jeffers on his recent
appointment to Chair on the NACo Rural Action Caucus Committee as well as his
upcoming installation on August 24, 2013 to President of the NC Association of County
Commissioners (NCACC). County Attorney, Ron Aycock stated the significant honor of
Vice Chairman Jeffers becoming the youngest ever and first Personian to serve as the NC
ACC President.
Chairman Clayton reminded the Board to submit their County Manager
Evaluation Forms to the Clerk by August 9, 2013.
MANAGER’S REPORT:
County Manager, Heidi York reminded the Board of the open house and ribbon
cutting for the Person County Learning Academy to be held on August 8, 2013 at 5:30pm
in the new facility. Ms. York pointed out the new technical upgrades (two new screens,
one each located at the front and back of the room) provided and installed by the IT and
General Services’ staff in the Commissioners’ board room. Ms. York informed the group
a white board will be added to the room as well following staff training.
August 5, 2013
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COMMISSIONER REPORT/COMMENTS:
Commissioner Blalock stated her desire for representation at the Hoke County
(Raeford) open house (ribbon cutting 11:00 am) and tour (up to 4:00 pm) of their school
that is energy neutral scheduled for August 17, 2013. Commissioner Blalock also noted
she would be attending a reorganization meeting for the Retry Program on August 8,
2013 with interested citizens at the Burris House.
Commissioner Puryear stated thanks to the Governor of NC for securing $500,000
in grant funds for use in Person County for economic development. Commissioner
Puryear asked for an update on the High Speed Internet/Broadband outsourcing bid
process. Assistant County Manager, Sybil Tate responded that bids have been received
with a selection committee review of bids scheduled for August 6, 2013. County
Manger, Heidi York noted an update would be given to the Board at their next meeting
along with a presentation from Andrew Cohill focusing on community collaboration,
alternatives and innovative ideas related to broadband initiatives.
Vice Chairman Jeffers stated he would be speaking to the Rotary Club on August
8, 2013 regarding his new roles with NCACC and NACo.
Chairman Clayton stated a need for a committee to be formed for citizen input
related to the old Helena School site potential uses. County Manager, Heidi York stated
she would include on the next Board agenda a mission statement with a list of names of
citizens interested in being a part of the revitalization of this county property. Chairman
Clayton urged interested citizens to contact the County Manager.
Vice Chairman Jeffers requested the County Manager and the Finance Director to
participate in a conference call on August 9, 2013 related to public/private partnerships.
CLOSED SESSION #1
A motion was made by Vice Chairman Jeffers, and carried 4-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property at 7:28 pm 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, General Services Director, Ray Foushee, Person Industries
Director, Wanda Rogers, Person Industries Assistant Director, Becky Clayton and
Summer Intern, Brittany Bennett.
August 5, 2013
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A motion was made by Vice Chairman Jeffers, and carried 4-0 to return to open
session at 7:48 pm.
Following Closed Session #1, Chairman Clayton requested Board consideration
of an Offer to Purchase and Contract received from Dansco LLC regarding property
located at 2285 Durham Road, Roxboro containing 11.18 acres and warehouse and
buildings on Tax Map 99 Lot #5 in the amount of $1,520,000.
A motion was made by Commissioner Blalock and carried 3-1 to accept the
offer from the Seller subject to clarification of the offer as follows: 1) compliance with all
county legally required procedures; and 2) $20,000 deposit to be returned to the Buyer if
the following conditions are not met: a) completion of rezoning from B-1 Highway
Commercial to L-1 Light Industrial, b) railroad easement agreement, and c)
environmental assessment related to certification of brownfield compliance.
Commissioner Puryear cast the lone dissenting vote.
CLOSED SESSION #2
A motion was made by Vice Chairman Jeffers and carried 4-0 to enter Closed
Session per General Statute 143-318.11(a)(5) to consider the acquisition or lease of real
property at 7:51 pm 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, General Services Director, Ray Foushee and IT Director,
Gary Latta.
A motion was made by Vice Chairman Jeffers and carried 4-0 to return to open
session at 7:54 pm.
August 5, 2013
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ADJOURNMENT:
A motion was made by Vice Chairman Jeffers and carried 4-0 and carried to
adjourn the meeting at 7:54 pm.
_____________________________ ______________________________
Brenda B. Reaves Jimmy B. Clayton
Clerk to the Board Chairman