THE ANSON COUNTY BOARD OF COMMISSIONERS convened for a recessed meeting on July 16, 2003 at 9:00 A.M. at Cooperative Extension, McLaurin Street, Wadesboro, NC.

Commissioners present:Blake Hildreth, Chair

Neil Jones, Vice Chair

Steve Lear

Dr. Jim Sims

Harold C. Smith

Ross Streater

Jarvis Woodburn

Staff members present:Chris Wease, County Manager

James Bennett, Assistant County Manager

Bonnie M. Huntley, CMC, Clerk to the Board

Dorothy Tyson, Finance Officer

Shelley Maness, Assistant Finance Officer

Rita James, Data Processing

Tommy Allen, Sheriff

Jan Benton, Planning

Chairman Hildreth called the meeting to Order, welcoming those present. Reverend Priscilla Durkin of First Presbyterian Church, Wadesboro, NC delivered the Invocation.

Approval of the Agenda by Commissioners: Chairman Hildrethpointed out that the Cooperative Extension-2002 Program Highlights was presented just prior to this meeting. Chairman Hildreth voiced that the Mutual Aid Resolution for Law Enforcement was a handout and not included in the Agenda packet. Chairman Hildreth informed members that the letter from the Local Government Commission has been received in reference to the Bond Financing. Commissioner Lear asked to add under Commissioner Concerns a discussion of Blewett Falls Development. Motion by Commissioner Woodburn, seconded by Commissioner Lear, to approve the Agenda as presented with the additions. Commissioner Smith questioned the surplus property with County Manager Wease answering this was the old Armory property to be auctioned off on August 30 with a minimum bid of $50,000. Motion carried unanimously.

Public Hearings:

Economic Development Incentive-McColl Group, LLC: County Manager Wease noted enclosed in the Agenda packet was a copy of the Economic Development Grant Agreement, noting Patrick Zimmer and Leslie Wickham were present to discuss the project. County Manager Wease explained the project involves an Economic Development Grant in the amount of $22,500 over a two year period for a total of $45,000 for an investment of approximately Eight Million Dollars. The project will retain 72 local jobs. Commissioner Streater asked about the McColl Group and their location with County Manager Wease answering they are based in Charlotte. Motion by Commissioner Lear, seconded by Commissioner Sims, to open the public hearing. Motion carried unanimously.

In the public hearing. Leslie Wickham, CFO of the McColl Group, explained they are a holding company founded by Hugh McColl in 2001. Ms. Wickham announced the company was a recycler of plastics with 72 employees. The former owner, Crown Cork and Seal, was looking to leave Anson County and close the business and the McColl Group made the purchase and were able to keep all employees and never closed the facility. Patrick Zimmer with Development Advisors, thanked the Board for the opportunity to speak today. Mr. Zimmer explained that they started looking at this facility about five months ago and commented that it was the County’s lead role in the process in terms of putting together the critical component of financial assistance, that was a part of the final decision to purchase the facility. Mr. Zimmer further explained that the County, along with the Town of Polkton, provided the local match for the grant along with the Department of Transportation and the Department of Commerce. Mr. Zimmer noted they would be making an Eight Million Dollar investment over a two year period in the facility. Mr. Zimmer further explained that based on current profitability the facility was over staffed but the McColl Group felt it best to keep those trained employees in place to enhance future growth. Mr. Zimmer stressed to those present that the assistance given by the County and the Town of Polkton was instrumental in their decision to locate in Anson County. Chairman Hildreth asked for public comments on the county making a commitment of $22,500 at the time of signing with the final payment of $22,500 to be made one year from now. Chairman Hildreth noted the Department of Transportation has also provided funding for the project. Elbert Marshall, Executive Director of the Chamber of Commerce, felt this was an ideal move in retaining an industry in Anson County and it would set a pace for us to do more. On behalf of the Chamber and their Economic Development Division, Mr. Marshall urged the Commissioners to do what was necessary to keep Nationwide Recyclers in Anson County and the jobs. There were no other public comments. Commissioner Sims noted this was a no brainer, feeling it was a wonderful opportunity. Commissioner Woodburn agreed this was a wonderful opportunity, feeling at one time the recycling market was saturated and asked if there were things on the horizon that makes this a worthwhile investment. Ms. Wickham noted one thing they found was the commitment from the major bottling companies to increase the amount of recycled plastics in their projects, noting they have someone in their group with contacts in these companies. Motion by Commissioner Smith, seconded by Commissioner Streater, to close the public hearing. County Manager Wease commented that as mentioned, many partners were involved in the project but not mentioned were CSX, Division of Rail with Department of Transportation and Progress Energy and the Anson Economic Development Corporation who played a key role in the project. Commissioner Lear asked if anyone else wanted to speak on the issue with no further comments. Motion carried unanimously.

In regular session, motion by Commissioner Smith, seconded by Commissioner Lear, that we honor this Economic Development Grant Agreement as worded. Chairman Hildreth noted this authorizes the Chairman to sign the agreement. Motion carried unanimously.

ECONOMIC DEVELOPMENT GRANT AGREEMENT

THIS AGREEMENT entered into the 16th day of July, 2003, by and between the COUNTY OF ANSON, a body politic of North Carolina (hereinafter referred to as “Anson”); and McColl Partners, LLC, a North Carolina corporation doing business in Anson County, North Carolina (hereinafter referred to as “McColl Partners”)

W I T N E S S E T H :

WHEREAS, McColl Partners, has investigated the possibility of locating its operation in Anson County; and

WHEREAS, McColl Partners has requested of Anson an economic development grant of $45,000 under the condition that they make an additional investment of $8,000,000 in the Polkton Plant and create 72 new jobs; and

WHEREAS, pursuant to N.C.G.S. 15807.1(a) a county or city in North Carolina is authorized to make appropriations for the purposes of aiding and encouraging the location and expansion of any manufacturing enterprises and industrial and commercial plants in the county; and

WHEREAS, Anson has held a public hearing in connection with the economic development incentives referred to above.

NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged by the parties and pursuant to the local development act referred to above, the parties agree as follows:

Anson agrees to pay McColl Partners the sum of $22,500 per year for two years upon the following conditions:

  1. That McColl Partners invest a minimum of $8,000,000 over a three-year period, beginning on the date of this contract, by way of an expansion/location project in Anson County at the Polkton Plant on Highway 74 West, Polkton, North Carolina.
  2. That McColl Partners create and maintain 72 net new full time permanent jobs. “Net new full time permanent jobs” means new employees of the firm and does not include employees who are transferred to Anson County by McColl Partners.
  3. The annual payments shall be due on the first day of operation and the subsequent anniversary date of the project’s first day of operation. It is understood that the subsequent annual payments are contingent upon the continued operation of McColl Partners at the Polkton facility and continued employment of 72 net new full time employees and fulfillment of the referenced investment criteria. Failure to fulfill the criteria outlined herein will require full refund to the County of the two installments of $22,500.

IN WITNESS WHEREOF, the parties have hereunto executed this agreement in duplicate originals the day and year first written above.

Vice Chair Jones asked that the Clerk record his presence at the meeting at 9:55 A.M.

Chairman Hildreth noted the next Public Hearing was Re-Zoning in Morven: LI to HB: Motion by Commissioner Lear, seconded by Commissioner Streater, to open the pubic hearing. Motion carried unanimously.

In the Public Hearing, Commissioner Smith commented that the hearing speaks for itself with Commissioner Sims in agreement. No public comments were made. Motion by Commissioner Smith, seconded by Commissioner Streater, to close the public hearing. Motion carried unanimously.

In regular session, motion by Commissioner Smith, seconded by Commissioner Sims, that it be granted. Motion carried unanimously.

Chairman Hildreth noted the next Public Hearing was New Subdivision-Sandy Ridge Church Road, Morven: Chairman Hildreth noted the Board was in Public Hearing. County Manager Wease noted this was the Deberry property. Ms. Benton of Planning introduced Mr. Stephen McCarthy with the development company who was present to answer any questions. Ms. Benton further explained that house plans for the projected homes were also available. Commissioner Smith asked if the project was approved by the Planning Board with Ms. Benton answering yes. Commissioner Streater was of the opinion that this would be a wonderful asset to the area and feels it should be approved. Mr. McCarthy explained they have completed erosion control, water, street, elevation, clear and grading plans, Mr. McCarthy noted preliminary plans call for 43 lots with the smallest house containing 1100 sq. ft. Mr. McCarthy noted that budget constraints determine house size with lot size being one-half acre. Mr. McCarthy noted they are community builders providing credit counseling for those in need. The community will have a homeowners association with rules, regulations, covenants and restrictions for maintaining each property and the subdivision. Mr. McCarty explained they have twenty pre-sells, noting they look forward to working with the county on this test project. Mr. McCarthy noted they will employ multiple subcontractors in the county on a competitive bid process but prefer local over outside contractors. Motion by Commissioner Smith, seconded by Commissioner Streater, to close the public hearing. Vice Chair Jones then questioned the house size and number of rooms with Mr. McCarthy explaining 1100 sq. feet with 3 bedrooms. Mr. McCarthy explained that in order to be cost effective, they offer four different models and they can build a house for $10,000 above their selling point, which gives the homeowner equity in the house. Vice Chair Jones then asked the level of involvement of the prospective owners with Mr. McCarthy stating that after reviewing 120 applications, they have 22 that will be approved. Motion carried unanimously.

In regular session, motion by Commissioner Smith, seconded by Commissioner Streater, that this be granted. Motion carried unanimously.

Chairman Hildreth noted the last public hearing was Amendment to Subdivision Ordinance: John Sikes, Chair of the Planning Board, noted that several in the community had asked Jimmy Dennis to assist them with the recommendation so Mr. Dennis presented an Abbreviated Procedure that is exactly like the procedure used in Concord. It allows an 8 ½ by 14 plat to be used when attached to a deed instead of the now required four copies size 18x21 milar. This can only be used when one split is occurring and anymore than that would require the same procedure we now use. Ms. Benton noted this was an effort to move the process along faster and will not affect anything already in place other than assisting the property owners and the Register of Deeds. Vice Chair Jones commented that this was incredibly sensible and made a motion to adopt. Chairman Hildreth commented that the public hearing had not been held. Motion by Commissioner Lear, seconded by Vice Chair Jones, to open the Public Hearing. Motion carried unanimously.

In the public hearing, Commissioner Smith asked if a public hearing was required with County Manager Wease answering yes since it was an amendment to an Ordinance. Chairman Hildreth then called for any public comment. There were no public comments. Motion by Vice Chair Jones, seconded by Commissioner Smith, to close the Public Hearing. Motion carried unanimously.

In regular session, motion by Vice Chair Jones, seconded by Commissioner Smith, to adopt. Motion carried unanimously.

Consent Agenda: Motion by Commissioner Lear, seconded by Commissioner Woodburn, to approve. Motion carried unanimously.

Minutes: Approved minutes of June 3, 2003 regular meeting, June 9 and 26 recessed meetings and closed session minutes of June 3, 2003,

Budget Report: Approved the budget report for the period ending June 30, 2003, which is a preliminary estimate of the final revenues and expenditures for the previous fiscal year. This report shows a deficit of approximately $1,600,000. Not reflected are several receipts including DSS and Health reimbursements and sales tax for the final quarter. The Finance Officer predicts that the final deficit will be approximately $1,200,000. The water and sewer funds also preliminarily ended the year in a deficit of $712,780 and $143,735 respectively. We budgeted for the water fund to use $588,400 of fund balance and for the sewer fund to use $138,682 of fund balance in an attempt to keep the rates low. Both funds have suffered from lower flows which impacts revenues and has caused the rates to increase for the coming fiscal year.

Alltel Easement on County Property: This is county owned property located on the Anson High School Road between the Armory Property and the projected location of the road into the previously proposed county campus. The easement consists of approximately 0.04 acres, measuring 32x28 rectangle off the DOT right of way into the property and from the pavement’s edge the plat is 50’ deep. The easement poses no problem with the present development plans and is proposed for consideration upon payment of $3,000 from the utility company. A copy of said Easement is on file in the Clerk’s office and by reference made a part of these minutes.

Mutual Aid Resolution for Law Enforcement: Sponsored by the Sheriff’s office in cooperation with various regional law enforcement agencies through the office of Centralina COG, and allows the Sheriff’s Office to participate in mutual aid with regional law enforcement partners. Similar resolutions have been passed by other law enforcement agencies throughout the Centralina Region.

Revised Interlocal Agreements with NCACC Liability and Property and Worker’s Compensation Pools: The changes to these agreements are largely cosmetic and serve to reorganize for consistent format, remove provisions that are included in the annual coverage agreements and remove language duplicated in the Bylaws. Resolutions approved as follows:

RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT AND TO JOIN THE NORTH CAROLINA COUNTIES LIABILITY AND PROEPRTY JOINT RISK MANAGEMENT AGENCY

WHEREAS, Anson County desires to protect against liability claims and property losses and to provide for payment of claims or losses for which the county may be liable;

WHEREAS, the North Carolina Counties Liability and Property Joint Risk Management Agency d.b.a. NCACC Liability and Property Pool; hereafter called the Pool, has been established pursuant to G.S. 1 53A-445(a)(1) and G.S. 1 60-A-460 through 1 60A-464; and

WHEREAS, it is desirable for Anson County to join the Pool to provide a method of risk sharing and/or group purchase of coverage;

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Anson County hereby adopts the Interlocal agreement entitled “Interlocal Agreement for a Group Self-Insurance Fund for Liability and Property Risk Sharing or Group Purchase of Coverage” and thereby joins and agrees to participate in the NCACC Liability & Property Pool which has been formed to create a group fund to pay and service the liability claims and property losses of the counties and other local agencies joining the Pool.

BE IT FURTHER RESOLVED that Chris Wease is authorized to execute the application to join the NCACC Liability & Property Pool.

This the 16th day of July, 2003.

RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT AND TO JOIN THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS JOINT RISK MANAGEMENT AGENCY WORKER’S COMPENSATION FUND

WHEREAS, Anson County is required to provide payment of workers’ compensation claims to employees; and

WHEREAS, the North Carolina Workers’ Compensation Joint Risk Management Agency d.b.a. NCACC Workers’ Compensation Pool, hereafter called the Pool, has been established pursuant to 0.5 153A-445(a)(1) and G.S. 1 60-A-460 through 1 60A-464; and

WHEREAS, it is desirable for Anson County to join the Pool to provide a method of risk sharing and/or group purchase of coverage;