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December 5 700 session December 5, 2011 1 PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 5, 2011 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 Samuel R. Kennington Frances P. Blalock The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, December 5, 2011 at 7:00 p.m. in the Commissioners’ meeting room in the Person County Office Building. Chairman Clayton called the meeting to order and led the invocation. Chairman Clayton asked Commissioner Kennington to recognize the boy scouts in attendance earning their Citizenship in the Community Merit Badge. Commissioner Kennington introduced the following attendees and asked Boy Scout Aaron Frisbee to lead the group in the Pledge of Allegiance: Troop 295: Joseph Clayton, Ethan Smith, Casey Dunn, Austin Holder, Aaron Adams, Caleb Smith Troop 200: Aaron Frisbee and Jeff Frisbee, Leader Troop 239 Preston Mayberry Troop 249 Jonah Mayo and Ron Johnson, Troop Leader Troop 295 Samuel Day and Vincent Juska, Scout Master, Derek Day, Leader, Larry Holder, Assistant Scout Master, David Dillehay, Assistant Scout Leader Troop 439 Leon Evans APPROVAL OF MINUTES: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to approve the minutes of November 7, 2011 and November 14, 2011. December 5, 2011 2 ORGANIZATION OF BOARD: County Attorney, Ron Aycock presided over the meeting and explained the rules of procedure for the election of Chairman and Vice-Chairman. Mr. Aycock presided over the election of the Chairman of the Board of Commissioners and opened the floor for nominations. Commissioner Jeffers nominated Commissioner Clayton as Chairman. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0, to close the nominations for Chairman and elect Commissioner Clayton by acclamation. Mr. Aycock passed the gavel to the newly elected Chairman Clayton to preside over the meeting. Chairman Clayton thanked his fellow commissioners for having confidence in him as their Chairman. Chairman Clayton opened the floor for nominations for Vice-Chairman of the Board. Commissioner Kennington nominated Commissioner Puryear as Vice-Chairman. A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0, to close the nominations for Vice-Chairman and elect Commissioner Puryear by acclamation. APPROVAL OF BONDS FOR THE REGISTER OF DEEDS, TAX ADMINISTRATOR, AND FINANCE DIRECTOR: County Attorney, Ron Aycock stated Chapter 161(Register of Deeds) and 162 (Sheriff) of the North Carolina General Statutes requires the Board of County Commissioners to approve the official bonds at the first meeting in December. The Bonds are a continuation of existing bonds amounts and were secured for those elected officials by the County Human Resources Director, who also serves as Insurance Liaison. Mr. Aycock noted the Human Resources Director provided information that the Sheriff’s bond is for the length of his term, currently to December, 2014. Mr. Aycock requested the Board to approve the annual Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the Tax Administrator and Finance Director (amount of each Bond is dictated by legislature). A motion was made by Vice Chairman Puryear, seconded by Commissioner Blalock, and carried 5-0 to approve the Bonds of the Register of Deeds, Tax Administrator and Finance Director as presented by the County Attorney. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear and carried 5-0 to approve the agenda including adding to the agenda an update on the Elton Yancey appeal seeking a tax refund and a Closed Session for personnel. December 5, 2011 3 INFORMAL COMMENTS: There were no comments from the public. TAX ADMINISTRATIVE REPORT: A motion was made by Commissioner Blalock, seconded by Commissioner Jeffers, and carried 5-0 to approve the Tax Administrative Report noting the Releases for the month of October, 2011. APPROVE REVISIONS OF ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH EATON CORPORATION: County Attorney, Ron Aycock reminded the Board that on May 16, 2011 the Person County Board of Commissioners held a public hearing and approved an Economic Incentive Agreement with Eaton for an amount not to exceed $2 million payable over the next seven years. Payable out of the General Fund, these funds will be used to pay expenses associated with the development of the VVL line and the relocation of the Three Rivers product line to the Roxboro facility resulting in the creation of approximately 160 new jobs and a capital investment in Person County of approximately $50 million. Each dollar of the incentive agreement will generate approximately $4 in additional payroll and $33 in capital investment. These funds will also be used as the County's match for One NC Fund and Rural Center grants. Mr. Aycock stated the terms of the incentive agreement with Eaton Corporation have been finalized and presented to the Board for approval. The major component that has been revised since the May meeting has been the terms related to the claw back provision (see sections 3.0, 4.0, and 6.0). Originally, the agreement required a 100% payback in the event that any portion of the hiring requirement was not met. After discussions, the incentive agreement was revised to a pro rata claw back, whereby Eaton Corporation would be responsible to reimburse Person County a proportional percentage of the deficit in their required performance. For example, if Eaton only generated or retained after 2 years 80% of the promised jobs, Eaton would be required to reimburse the County 10% of the disbursed funds (90% job creation is the industry standard threshold for incentive agreements per the State, giving Eaton a 10% allowance to fulfill the provisions of the agreement). Commissioner Kennington asked if the $200,000 payment to Eaton budget in this fiscal year’s budget. The County Manager, Heidi York confirmed it was budgeted and set aside. Ms. York confirmed the project includes $1.5 million in incentives and $500,000 for the Golden Leaf grant award to the county for equipment to be used at Eaton. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to approve the Economic Development Incentive Agreement with Eaton Corporation as presented. December 5, 2011 4 December 5, 2011 5 December 5, 2011 6 December 5, 2011 7 December 5, 2011 8 December 5, 2011 9 December 5, 2011 10 PERSON COUNTY HEALTH DEPARTMENT FEE SCHEDULE: Health Director and Interim Assistant County Manager, Janet Clayton informed the Board that due to changes in the Medicaid Cost Settlement process, health departments have been instructed to assess current fee schedules and change fees accordingly. In accordance with the NC General Statute 13-A-39(g), the Person County Board of Health approved the amended fee schedule on November 28, 2011 and requested the Board of Commissioners to approve the amended fee schedule effective December 1, 2011 or January 1, 2012. Commissioner Kennington asked Ms. Clayton how the Health Department would communicate a change in the fee schedule to their clients. Ms. Clayton stated fee schedule changes would be posted and clients are told of the changes prior to being administered any service. It was the consensus of the Board to recommend any such changes effective January 1, 2012 to allow time for proper notice to any recipients of the fee schedule changes. A motion was made by Commissioner Jeffers, seconded by Commissioner Blalock and carried 5-0 to approve the Health Department Fee Schedule as presented to be effective January 1, 2012. December 5, 2011 11 December 5, 2011 12 December 5, 2011 13 “TEAMING FOR TECHNOLOGY” AND PERSON COUNTY’S PARTNERSHIPS: County Manager, Heidi York and IT Director, Gary Latta told the Board that Person County is now an active participant in a program through the United Way called Teaming for Technology. Mr. Latta stated 20 of the County’s out-of-date computers have been donated to United Way so that they can be distributed to needy families identified by the Department of Social Services (DSS) noting United Way wipes out all data and loads the computers with a licensed Microsoft operating system and Microsoft Office Software at a fraction of the costs using Teaming for Technology non-profit licensing. Person County’s cost per computer is $40.00 to cover the licenses. Mr. Latta noted Piedmont Community College has donated the flat panel screens to go with the County’s computers that they replaced for their staff. Ms. Jayne Bremer, United Way Director, spoke of the excellent collaboration provided to Person County United Way by Triangle United Way that extended to many community partners including Person County Government, IT, DSS, and Piedmont Community College that is reaching children and college students, non profits, Youth for Christ with used, refurbished computer equipment. Chairman Clayton commended all partnering agencies for their efforts and participation. A RESOLUTION TO CLARIFY THE ETHICAL RESPONSIBILITIES OF CERTAIN BOARDS AND COMMISSIONS APPOINTED BY THE PERSON COUNTY BOARD OF COUNTY COMMISSIONERS: County Attorney, Ron Aycock and County Manager, Heidi York presented the Board with a Resolution to Clarify the Ethical Responsibilities of Certain Board and Commissions Appointed by the Person County Board of County Commissioners for consideration. Ms. York reminded the Board of Commissioners had directed the County Attorney to draft an ethics policy that would pertain to volunteer, Board appointed members of boards and commissions covering standards of conduct, fraud and also addressing investigations and sanctions. Mr. Aycock pointed out an additional sentence he recommended to add to Section 6 that was left at their place that would provide for a stronger sanction resulting in a censure of the individual and removal from membership on the advisory board. Commissioner Kennington inquired about Section 3, part (d) Disclosure of information – specifically related to sharing or disclosing confidential information without any gain. Mr. Aycock noted the sanction would have enforcement for a individual’s personal financial gain and not for disclosure of confidential information. Commissioner Kennington requested a sanction for disclosure of confidential information and breach of confidentiality. Mr. Aycock stated there was a legal obligation for the Board of Commissioners to keep information confidential but nothing written into the law or case law for punishment of such disclosure and the request by Commissioner Kennington would create more stringent sanction than what the Board is even required. December 5, 2011 14 Mr. Aycock suggested adding a further sanction for disclosure of confidential information not related to an individual’s financial interest which will have the censure or expulsion from the committee. Commissioner Kennington advocated for adding such provision. A motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear and carried 5-0 to table consideration of the Resolution to Clarify the Ethical Responsibilities of Certain Board and Commissions Appointed by the Person County Board of County Commissioners until its January, 2012 meeting. BOARD OF COMMISSIONERS 2012 SCHEDULE OF MEETINGS: Clerk to the Board, Brenda Reaves stated North Carolina General Statute 153A- 40 requires the Board of Commissioners to hold a regular meeting at least once a month. Ms. Reaves presented the Board with a proposed schedule of 2012 meetings dates excluding dates that conflict with the NACo Legislative Conference (March 3 – 7 Washington DC) and NACo Annual Conference (July 13-17 Pittsburgh, PA) noting historically the Board has approved holding one Board meeting in the months of March, July and December. Ms. Reaves further noted to accommodate the Local Government Day participation, the March 2012 meeting is proposed to be held on the second Monday of the month. Ms. Reaves stated Person County Schools’ staff has not advised the date of the Fall 2012 Local Government Day noting the second Monday in November, 2012 is a holiday. Ms. Reaves requested to Board to consider when the Local Government Day date is set, the Board meeting will be relocated to the County Auditorium to accommodate attendance. Ms. Reaves asked the Board to consider the proposed dates and take action to set the 2012 Schedule of Meeting dates to cause copy of such to be posted on the bulletin board and county website. Commissioner Blalock requested consideration to hold the April 2, 2012 Board meeting in the County Auditorium so to follow a planned Public Awareness event the Juvenile Crime Prevention Council (JCPC) is participating and which the Board will be invited to attend. The group agreed with Commissioner Blalock’s request. Vice Chairman Puryear requested consideration to hold the Board meeting on the second and fourth Mondays in January. After discussion, the group decided to hold one regular meeting in January along with the Board Retreat, at which time, business could be taken if needed. A motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear and carried 5-0 to approve the Person County Board of Commissioners 2012 Schedule of Meetings as follows: December 5, 2011 15 December 5, 2011 16 FISCAL YEAR 2012-2013 BUDGET CALENDAR: County Manager, Heidi York presented the Board with the Fiscal Year 2012-2013 Budget Calendar for approval. Commissioner Kennington requested Board consideration to add a Community Conversations Meeting in the fall of 2012. October 29, 2012 was selected and made a part of the finalized 2012 Schedule of Meetings (as listed above in the minutes). A motion was made by Commissioner Kennington, seconded by Vice Chairman Puryear and carried 5-0 to approve the Fiscal Year 2012-2013 Budget Calendar as well as add the Community Conversations Meeting on October 29, 2012 at 6:30 p.m. December 5, 2011 17 December 5, 2011 18 AN UPDATE ON THE ELTON YANCEY APPEAL SEEKING A TAX REFUND: Tax Administrator, Russell Jones stated this item was added to the Board agenda as a result of the Board’s recent Community Conversations meeting whereby Mr. and Mrs. Elton Yancey addressed the Board to their appeal seeking a tax refund. Mr. Jones reminded the Board the request by the Yancey’s was heard by the Board of Equalization & Review which was denied. Mr. Jones stated the Board of Equalization & Review has adjourned and the Board of Commissioners can hear the same case and re-hear the case if the Assessor has found new information that the Board should consider. Mr. Jones stated he reviewed the case once again whereby he discovered the hand-drawn document the appraiser submitted to the clerical staff to be entered was difficult to read and redrawn on graph paper which both documents indicate a discrepancy where the field document shows a full story over garage and the office document indicates a ½ story over garage. Mr. Jones confirmed the Yanceys, in fact, have a ½ story over their garage. Mr. Jones noted in his opinion the data entered was indeed a clerical error, further noting the law 105-381 states the taxpayer is entitled in the case of a clerical error and shall be granted a 6-year refund. Mr. Jones stated the 6-year refund would be $1,281.95 and recommended the Board to approve the refund. A motion was made by Commissioner Kennington, seconded by Commissioner Blalock and carried 5-0 to approve the recommendation from the Tax Collector to issue a refund to Mr. and Mrs. Elton Yancey in the amount of $1,281.95. County Attorney, Ron Aycock told the group that he and Mr. Jones had meet with the Yanceys prior to the Board meeting. Commissioner Kennington asked the County Attorney and Tax Administrator to pursue a written document to state legislators requesting a review of the present law. Mr. Aycock recommended the Board to consider submitting a request to the NC Association of County Commissioners (NCACC) for a review and change in the legislative goal process. Commissioner Jeffers and NCACC Vice President stated he would do it and make the Board aware when the legislative process begins. CHAIRMAN’S REPORT: Chairman Clayton noted the Thoroughfare Advisory Committee had met this date and commended the efforts of Leigh Woodall and Mike Cirello for Person County. Chairman Clayton stated he would be attending a ribbon cutting at Community Counseling Services located at 606 N. Madison Boulevard, Roxboro and a Work Force Development Board meeting on December 6, 2011. Chairman Clayton noted on December 7, 2011 the County Holiday Luncheon would be held at 11:30 a.m. and at 6:00 pm at the American Tobacco Complex, the Goodman Award will be given to the Upper Neuse River Basin Association (UNRBA) and the Triangle K Council for their collaboration of regional partnerships. Chairman Clayton stated the Tree Lighting ceremony uptown would take place on December 8 and the Tourism Development Office would be having a ribbon cutting at their new location on December 16, 2011. December 5, 2011 19 MANAGER’S REPORT: County Manager, Heidi York told the group the County Employee’s Holiday Luncheon, as mentioned by Chairman Clayton, would recognize employee’s service award in 5-year milestones as well as would name the 2nd Annual Employee of the Year. Ms. York told the Board she would like to have the Board members there to thank and extend congratulations to the employees. COMMISSIONER REPORT/COMMENTS: Commissioner Kennington commented on the following: · Requested to discuss at the Board’s work session in January ways to change the perception of the public that the Board is doing nothing in regards to the Senior Center, EDC, employee pay compensation, etc. · Requested the County Manager extend a letter of appreciation to the Girl Scouts and others aiding in the landscaping of the lot adjacent to the County Office Building · Announced the Roxboro Development Group Director had resigned Commissioner Blalock commented on the state law gaming continues article she had read noting the requirement to post in the corner of the gaming computer for 15 seconds whether or not money could be won before the individual pays. Commissioner Jeffers introduced to the group his wife, Mrs. Brannon Ray Jeffers. Commissioner Jeffers requested to update the Board on his discussions related to a recreation center and the sentiments of the Recreation Board at the Board Retreat. Commissioner Jeffers updated the group on the Back Pack Buddies program noting 15 students at each South and North Elementary Schools will be served at an approximate cost of $7,000 per year, further noting, donation are welcome to the Christian Help Center. Commissioner Jeffers stated the Durham Chamber meeting at the Washington Duke Inn will be held on December 6, 2011. Vice Chairman Puryear stated he recently attended the ribbon cutting for the new manufacturer of pork rinds. Vice Chairman Puryear also requested the County Manager to have some dialogue with the Disabled American Veterans related to a small meeting place for possible lease. County Attorney, Ron Aycock told the group that another internet sweepstakes located on 501 North was attempting to operate without compliance was forced to cease operations when Person County Inspections, Planning and Health had the power cut off. Ms. York noted the Planning Director informed her that internet sweepstakes are illegal in Virginia. Commissioner Jeffers inquired about Person County implementing an ordinance to regulate internet sweepstakes machines with a fee per machine. Mr. Aycock reminded the Board of the two pending court of appeals cases for each Guildford County whereby internet sweepstakes are permissible and in Wake County where internet sweepstakes are prohibited. December 5, 2011 20 CLOSED SESSION: A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to enter into Closed Session per General Statute 143- 318,11(a)(6) for the purpose to discuss personnel and obtain legal advice from the county attorney at 8:30 p.m. Chairman Clayton announced a brief recess prior to entering Closed Session. Closed Session was called to order at 8:36 p.m. A motion was made by Vice Chairman Puryear, seconded by Commissioner Jeffers, and carried 5-0 to return to open session at 9:06 p.m. A motion was made by Commissioner Jeffers, seconded by Vice Chairman Puryear, and carried 5-0 to request staff write a letter on Chairman Clayton’s behalf to the Board of Education requesting the Helena School property transfer back to the county by the end of January noting the understanding that the Alternative School will remain intact at that site until such time of their move into their new facility. A motion was made by Vice Chairman Puryear, seconded by Commissioner Kennington, and carried 5-0 to reinstate the County Manager to full time, restore the full time salary plus 5% salary adjustment related to the MAPS increase. ADJOURNMENT: A motion was made by Commissioner Kennington, seconded by Commissioner Jeffers, and carried 5-0 to adjourn the meeting at 9:08 p.m. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman