April 13, 2016 ASSEMBLY

Transcription

1 April 13, 2016 The Martin County Board of Commissioners met in Regular Session on Wednesday, April 13, 2016 at 7:00 p.m. in the Board Room, Martin County Governmental Center at 305 East Main Street, Williamston, North Carolina. ASSEMBLY Chairman Ronnie Smith, Vice Chairman Elmo Butch Lilley, Commissioner Tommy Bowen, Commissioner Dempsey Bond, Jr., Commissioner Joe R. Ayers, County Manager David Bone, County Attorney J. Melvin Bowen, Clerk to the Board Marion B. Thompson, and Finance Director/Deputy Clerk Cindy Ange. Chairman Smith called the meeting to order at 7:00 p.m. Commissioner Ayers led the pledge of allegiance. Commissioner Bowen provided the invocation. Chairman Smith welcomed all to the meeting. The following elected officials were recognized: Town of Bear Grass Mayor Charlotte Griffin, Martin County Sheriff Dan Gibbs, Town of Jamesville Commissioner Willis Williams, Town of Jamesville Commissioner Rachel Craddock, Town of Parmele Mayor Jerry McCrary, Town of Parmele Commissioner Walter Willet, and Town of Parmele Commissioner Curtis Willet. AGENDA APPROVAL Chairman Smith requested approval of the agenda with the addition of an Interlocal Cooperation Agreement between Martin County, Martin County Sheriff s Office and the Town of Jamesville. Vice Chairman Lilley made the MOTION to approve the agenda as revised with the inclusion of the Interlocal Agreement as stated, with a SECOND by Commissioner Ayers. The motion was unanimously APPROVED. PUBLIC COMMENTS Concerned Citizens of Martin County Wilson Fairall, 1399 Popular Point Rd, informed those present that the Facebook page for Concerned Citizens of Martin County had been taken down and the 754 members had been disbanded, for now. Mr. Fairall, reading a prepared statement, credited the actions of one individual, as the cause for the removal of the website. Commissioner Bowen commented that some of the remarks written on the Concerned Citizens website had caused emotional stress for his family. Fox Trapping Season Several individuals signed up to comment on the agenda item about a discussion on establishing a season for taking foxes by trapping in Martin County. Chairman Smith stated when it was time for that agenda item, public comments would be allowed.

2 CONSENT AGENDA Commissioner Bowen made the MOTION to approve the Consent Agenda as listed below, with a SECOND by Vice Chairman Lilley. The motion was unanimously APPROVED. 1. Minutes for March 2, 2016 Special Called Session, March 9, 2016 Regular & Closed Sessions, March 16, 2016 Special Session, March 28, 2016 Special Called Session and March 30, 2016 Special Session. 2. Financial Report for February 2016 included for informational purposes. 3. Tax Refund Requests a. Parcel # Mr. Edward Cunningham requested a refund for years (four years) for an overcharge and mapping error in a parcel of land. NC G.S (a)(1) will allow a refund up to 5 years. The refund amount would be $ It was requested that the refund be mailed to the taxpayer, since the taxes have been paid for this parcel. b. Parcel # On behalf of the Romus Lee Heirs, Ms. Beverly Dixon requested a refund for taxes paid for their doublewide mobile home that was listed as a single parcel, and also listed on the farm tract parcel. NC G.S (a)(1) will allow a refund up to 5 years. The refund amount for years (five years) would be $2, The taxes have been paid in full for this parcel and the taxpayer requested that the refund be mailed to her. 4. Tax Relief Orders Real & Personal for March 2016 in the amount of $1, Year Levy Lname Fname Reason Value Total 2015 Anthony Florell Barfield Error in Landfill Fee Clark Daniel E. Etals Error in Landfill Fee Cunningham Clarence Edward Error in Listing Gurganus William Thomas Sold Vehicle 6, Gurganus William Thomas Sold Vehicle 6, Gurganus William Thomas Sold Vehicle 5, Gurganus William Thomas Sold Vehicle 5, Gurganus William Thomas Sold Vehicle 4, Gurganus William Thomas Sold Vehicle 4, Gurganus William Thomas Sold Vehicle 3, Gurganus William Thomas Sold Vehicle 3, Gurganus William Thomas Sold Vehicle 2, Gurganus William Thomas Sold Vehicle 2, Hardison Rosa Keyes Heirs Error in Landfill Fee

3 2015 Rogerson Mack Gilbert Error in Landfill Fee Total 1, Tax Collector s Report March 2016 March March Y-T-D Real (20) $399, $8,462, Personal (25) 18, ,072, Total $417, $12,535, MV (30) 2, , Total MV $2, $9, All Total $420, $12,544, Board Appointments/Reappointments/Resignation a. Home & Community Care Block Grant Advisory Committee Appointment & Lead Agency Appointment Section V-A.1 of the Development of the County Funding Plan for the Home & Community Care Block Grant states that it is the responsibility of the County Board of Commissioners to annually designate an agency or office within the county with the lead responsibility for planning and coordination of the County Funding Plan. The Martin County Department of Aging continues to do a great job serving as the lead agency. Director Charmaine Hardison requested that the Department of Aging be reappointed as Lead Agency for fiscal year July 1, 2016-June 30, Section V-A.2 lists the appointment of a committee to serve as a Block Grant Advisory Committee to the lead agency for planning and coordination in the development of the County Funding Plan as a responsibility of the County Commissioners. The Board of Commissioners approved the Department of Aging as the lead agency and appointed/reappointed the following individuals to the committee for fiscal year , as part of the Consent Agenda. Ms. Charmaine Hardison Ms. Marian Davis Ms. Lisa Edmonds Ms. Sheila Godard Ms. Carolyn Harrell Mr. Elmo Butch Lilley Ms. Gloria Jones Mr. Eddie Peele Mr. John Quellette

4 b. Industries Facilities & Pollution Control Financing Authority On behalf of the Martin County Industries Facilities and Pollution Financing Authority, County Attorney Melvin Bowen recommended the reappointment of Mr. Cecil Boddie for another six (6) year term, which would expire April 3, Mr. Boddie was contacted and agreed to serve for another term. The Board of Commissioners approved the reappointment, as part of the Consent Agenda. c. Martin General Hospital Board of Trustees The Board of Trustees at Martin General Hospital recommended the reappointment of Mr. Tommy Bowen and Mr. Ira Price for another three year term, which would expire January 1, It was stated that both are active members and have been assets to Martin General Hospital, as well as the Board. As part of the Consent Agenda, the Board approved the reappointment of the two individuals named above. The Board of Commissioners is grateful to the many volunteers who serve on the various boards and commissions for Martin County. 7. Airport Management Contract/Agreement Juliet Charles Aviation On December 14, 2011, the Board of Commissioners approved a 3-year contract with Mr. Jesse Council / Juliet Charlie Aviation to serve as the Administrator of the Martin County Airport, effective January 1, With this contract, the airport administration and grass mowing services were combined into one contract. The contract was amended on November 14, 2012 and June 11, included a 5-year extension of the term of the contract. The 2014 amendment The Airport Commission met recently and recommended an increase in the compensation for the Airport Administrator, effective July 1, The Board approved the contract amendment below, as part of the Consent Agenda. NORTH CAROLINA MARTIN COUNTY AMENDMENT AIRPORT MANAGEMENT CONTRACT THIS AMENDMENT amends the AGREEMENT made and entered into made and entered into the 12 th day of December, 2011, amended on January 11, 2013, June 11, 2014 and April 13, 2016 by and between the County of Martin, party of the first part, and Jesse Council / Juliet Charlie Aviation LLC, party of the second part, and existing under and by virtue of the laws of the State of North Carolina, hereinafter referred to as County and "Juliet Charlie Aviation LLC" and Jesse Council, hereinafter referred to as Manager."

5 WITNESSETH: WHEREAS, the County is the owner of an airport with improvements located thereon which is known as the Martin County, NC Airport located in Martin County, North Carolina; AND WHEREAS, Manager is currently under contract to provide the services of Airport Manager for the Martin County, NC Airport through December 31, 2019; AND WHEREAS, at its November 14, 2012 meeting, the Martin County Board of Commissioners approved a modification to the Airport Management Contract for additional compensation; AND WHEREAS, at its June 11, 2014 meeting, the Martin County Board of Commissioners approved the additional modifications to the Airport Management Contract herein described; AND WHEREAS, at its April 13, 2016 meeting, the Martin County Board of Commissioners approved a modification to the Airport Management Contract for additional compensation; NOW THEREFORE, for and in consideration of these premises and the mutual promises and covenants herein contained, the parties hereto do agree to amend Section 2 of the original December 12, 2011 Agreement as follows: SECTION TWO PAYMENT For and in consideration of its services as agent in the operation of the airport, Martin County / the Airport Authority agrees to compensate the manager as follows: A. $85,000 Dollars per year ($7, per month), effective July 1, 2016, with a two percent (2%) annual increase, effective on January 1 st of each year. IN TESTIMONY WHEREOF, the parties have executed this agreement in duplicate originals, one of which is retained by each of the parties hereto, the day and year first above written. Martin County By: Ronnie Smith, Chairman Martin County Board of Commissioners Date Attest: Marion Thompson, Clerk to the Board (SEAL)

6 Juliet-Charlie Aviation (Contractor) By: President Date Attest: Secretary (SEAL) 8. Clerk Report is included for informational purposes INTRODUCTION OF NEW EMPLOYEE (S) Department of Aging Director Charmaine Hardison introduced new full-time Exercise/Health/ Wellness Coordinator Deborah Hollis. The Board welcomed Ms. Hollis to the Martin County workforce family. PRESENTATION(S) April NCACC Video Update The NC Association of County Commissioners produces a monthly NCACC update video for county boards of commissioners. The NCACC requests that the video be included in the monthly board meeting agenda. April s video highlights included discussions about: The 2016 National Association of Counties Annual Conference, The recent 1-day Special Session of the NC General Assembly, The beginning of the Short Session of the General Assembly on April 25 th, and The NC Association of County Commissioners County Assembly Day on May 18 th. The video is available at PUBLIC HEARING Economic Development Incentive Grant- AR Textiles The Economic Development Incentive Agreement Public Hearing for AR Textiles was continued from the March 9 th Board of Commissioners meeting because the necessary documents had not been reviewed by both parties. The public hearing was duly advertised. N C G. S. 153A-52 states regarding conducting a public hearing the board may continue a public hearing without further advertisement.

7 Commissioner Bowen made the MOTION to enter the public hearing for the Economic Development Incentive Grant for AR Textiles, with a SECOND by Commissioner Bond. The motion was APPROVED unanimously. AR Textiles, Ltd. purchased a vacant 80,400 square foot manufacturing/industry/warehouse facility, constructed in 1970, located on approximately 17.5 acres. AR Textiles is renovating the building and establish a state of the art cotton yarn spinning facility. The proposed scope of work will be to retrofit/renovate the building by way of demolition/ reconstruction to the interior of the building s electrical, plumbing, masonry, flooring, painting and mechanical improvements. The production of cotton yarns requires a highly specialized HVAC system that will be designed and built to handle moisture and air particulates in addition to heat and air conditioning. The estimated total cost to purchase ($1,345,000) and install ($425,000) a textile filtration system (HVAC) will be $1,770,000. A cost estimate for the interior renovation has been quoted to be $352,000, for a total cost to renovate $2,122,000. For its proposed project, the County requested and was awarded $750,000 in CDBG Building Reuse Loan funds (35% of total project costs). The funds will be provided as a loan to be used for building renovations to assist AR Textiles with creation of an east coast facility at 8902 US Highway 64, Robersonville, NC. President/CEO Jason Semple, of Economic Development Corporation, stated AR Textiles purchased the Old Microcell Building and plans to invest $12 million. The agreement was structured to match the NC Commerce Building Reuse grant. The project will allow for the creation of at least 38 new jobs (23 of these jobs (60%), reserved for persons of prior low and moderate income status). President/CEO Semple added the proposed incentive grant would be extended over the next five years, contingent on AR Textiles investing the minimum amount required, which it is well on its way in doing, and the implementation of the new jobs at the wages stated in the grant application. There were no written or verbal comments received from the general public, in regards to the public hearing. Vice Chairman Lilley commented that this was a good deal for the people of Martin County. The industry would provide good stable jobs and invest dollars into the community as well. Commissioner Bowen made the MOTION to end the public hearing for the Economic Development Incentive Grant for AR Textiles, with a SECOND by Commissioner Bond. The motion was APPROVED unanimously. The Board of Commissioners was asked to approve the Authorizing Resolution and the Economic Development Agreement. Commissioner Bowen made the MOTION to approve the Authorizing Resolution as presented below, with a SECOND by Commissioner Bond. The motion was APPROVED unanimously.

8 RESOLUTION AUTHORIZING THE COUNTY OF MARTIN TO ENTER INTO AN ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT WITH AR TEXTILES, LTD. WHEREAS, North Carolina General Statutes (c) authorizes a county to undertake an economic development project by extending assistance to a company in order to cause the company to locate or expand its operations within the county; and WHEREAS, the Martin County Board of Commissioners held a public hearing in the Board Room of the Martin County Governmental Center, 305 East Main Street, Williamston, North Carolina, on Wednesday, April 13, 2016, at 7:00 p.m. to receive public comments on a proposed economic development investment policy grant being considered for AR Textiles, Ltd. (the Company), whereby the County of Martin would contribute Ninety Percent (90%) of additional taxable investments over the next five (5) years to the Company to offset the costs of its expansion in the County of Martin, said incentive to be granted pursuant to an Economic Development Incentive Agreement that contains the essential terms and conditions specified in Section 1 of this Resolution; and WHEREAS, upon the completion by the Company of this expansion project, it will have generated new value/investment in real and personal property associated with the project in an amount equal to or in excess of Twelve Million Dollars ($12,000,000.00) and created a minimum of Thirty-Eight (38) new jobs in the County; and WHEREAS, this economic development project will stimulate and stabilize the local economy, promote business in the County, and result in the creation of a significant number of jobs in the County; and WHEREAS, the County has in its General Fund available revenues sufficient to fund this economic development project; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Martin, this the 9 th day of March, 2016, as follows: Section 1. In addition to the standard terms found in contracts that the County routinely executes in the ordinary course of business, the Economic Development Incentive Agreement entered into by and between the County of Martin and AR Textiles, Ltd., must contain the following essential terms and conditions: a. Upon payment of ad valorem taxes by Company to County for each fiscal year beginning with the fiscal year 2017, and certification by Company of improvements made and proof of payment of 2017 taxes, County will, within thirty (30) days, pay to the Company an economic development incentive payment, the amount of which is calculated by multiplying Ninety Percent (90%) by the total general ad valorem tax revenue received by the County attributable and taxed on the property as of January 1, Upon proof of payment of ad valorem taxes by Company to County of the 2018 taxes, and certification by Company of improvements made and verification that the Company has created and maintained at least thirty-eight (38) new jobs by November 18, 2018, County will, within thirty (30) days, pay to the Company an economic development incentive payment the amount of which is calculated by multiplying Ninety Percent (90%) by the total general ad valorem tax revenue received by the County attributable and taxed on the property as of January 1, This same process will be followed by the County and the Company in each fiscal year from 2017

9 through General ad valorem taxes for purposes of this calculation shall only include taxes actually paid for real and business personal property taxes, and shall not include any other taxes, payments, or fees made by Company for an applicable fire tax, emergency services tax, drainage districts tax, interest, penalties, or otherwise. The obligation of the County to make such payment specified herein shall be conditioned upon the satisfactory completion by the Company of certain performance requirements, including, but not limited to, the following: i. The Company must deliver to the County a written certificate that the actual value of new investment by the Company in real property and equipment in connection with this project equals or exceeds Twelve Million Dollars ($12,000,000.00). Additionally the Company must provide North Carolina Division of Workforce Solutions NCUI-10 reports to the County evidencing the creation of Thirty-Eighty (38) new jobs and further that the average weekly wages paid by the Company are greater than or equal to the sum of $ a week pursuant to the North Carolina Department of Commerce s Rural Economic Development Division s Wage Standards for 2015, by November 18, ii. iii. The Company must deliver to the County written certification that the Company has not reduced its level of operations in the County since the date of payment by the County. If the Company does not remain in full operation during the five (5) year period, a portion of the incentive money must be returned. The amount to be returned shall decrease on a prorated amount for each quarter that the Company remains in the County. Section 2. No way shall it be construed or interpreted that the County: (a) is in any way creating a pledge or lending of the faith and credit of the County within the meaning of any constitutional debt limitation of the Constitution of North Carolina; (b) pledging or creating a lien on any class or source of Martin County s monies; nor (c) restricting or limiting in any way the duties and obligations of the County relating to the determination and setting of annual budgets and tax rates. Section 3. The Chairman is hereby authorized to execute on behalf of the County a contract drafted in accordance with Section 1 of this Resolution and any other documents necessary for the implementation of this economic development project. ATTEST: Adopted this day of April, Marion B. Thompson, Clerk Ronnie Smith, Chairman Board of Commissioners of Martin County

10 Vice Chairman Lilley made the MOTION to approve the Economic Development Agreement as presented below, with a SECOND by Commissioner Bowen. The motion was unanimously APPROVED. NORTH CAROLNA MARTIN COUNTY Prepared by J. Melvin Bowen, of Bowen & Batchelor, Attorneys. ECONOMIC DEVELOPMENT AGREEMENT THIS ECONOMIC DEVELOPMENT AGREEMENT (the Agreement ), made and entered into this the day of, 2016, by and between Martin County, a body politic and corporate of the State of North Carolina, (hereinafter referred to as County ), and AR Textiles, Ltd., a corporation organized and existing under the laws of the State of Delaware, (hereinafter referred to as Company ). WITNESSETH: THAT WHEREAS, the Company is in the process of the expansion of a business operation in Martin County and in order to encourage such economic development, Martin County has agreed to provide incentive funds pursuant to this Agreement; and THAT WHEREAS, on April 13, 2016, in an open meeting, the Martin County Board of Commissioners approved a Resolution Authorizing the County of Martin to enter Into an Economic Development Incentives Agreement with AR Textiles, Ltd. in making future capital investments as allowed by the North Carolina General Statutes (c). That this Agreement is merely to memorialize that the Company, in reliance on said Resolution, located certain new equipment at the facility and facilitated the retention of certain jobs at the facility; and

11 NOW, THEREFORE, in consideration of the premises, the terms and conditions set out herein, and other consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Upon payment of ad valorem taxes by Company to County for each fiscal year beginning with the fiscal year 2017, and certification by Company of improvements made and proof of payment of 2017 taxes, County will, within thirty (30) days, pay to the Company an economic development incentive payment, the amount of which is calculated by multiplying Ninety Percent (90%) by the total general ad valorem tax revenue received by the County attributable and taxed on the property as of January 1, Upon proof of payment of ad valorem taxes by Company to County of the 2018 taxes, and certification by Company of improvements made and verification that the Company has created and maintained at least thirty eight (38) new jobs by November 18, 2018, and has made investment with a taxable amount of at least $12,000, by November 18, 2018, County will, within thirty (30) days, pay to the Company an economic development incentive payment, the amount of which is calculated by multiplying Ninety Percent (90%) by the total general ad valorem tax revenue received by the County attributable and taxed on the property as of January 1, This same process will be followed by the County and the Company in each fiscal year from 2017 through General ad valorem taxes for purposes of this calculation shall only include taxes actually paid for real and business personal property taxes, and shall not include any other taxes, payments, or fees made by Company for an applicable fire tax, emergency services tax, drainage districts tax, interest, penalties, or otherwise.

12 2. The Company must deliver to the County a written certificate that the actual value of new investment by the Company in real property and equipment in connection with this project equals or exceeds Twelve Million Dollars ($12,000,000.00) by November 18, Additionally the Company must provide North Carolina Division of Workforce Solutions NCUI-101 reports to the County evidencing the creation of Thirty-Eight (38) new jobs and further that the average weekly wages paid by the Company are greater than or equal to the sum of $ a week pursuant to the North Carolina Department of Commerce s Rural Economic Development Division s Wage Standards for 2015, by November 18, The Company must deliver to the County written certification that the Company has not reduced its level of operations in the County since the date of payment by the County. 4. The Company and the County acknowledge that all monies the County appropriates and expends for economic development incentives, as provided in this Agreement, are for a bona fide public purpose and are expended in good faith reliance on the Act. If this Agreement is challenged, the County will defend this Agreement from such challenge. The Company will provide reasonable assistance, at no cost to the County, as the County requests in connection with any such defense. 5. (a) The Company represents and warrants to the County that as of the effective date: (i) it is a corporation duly organized and existing under the laws of the State of Delaware and is validly existing and authorized to do business in the State of North Carolina; (ii) it has the power and authority to own its properties and assets and to carry on its business as now being conducted and has the power and authority to execute and perform this Agreement; (iii) this Agreement (A) is the legal, valid, and

13 binding agreement of the Company, enforceable against the Company in accordance with its terms, (B) does not violate any order of any court or other agency of government binding on the Company, the charter documents of the Company, or any provision of any indenture, agreement or other instrument to which the Company is a party, and (C) does not conflict with, result in a breach of, or constitute an event of default under any material indenture, agreement, or other instrument to which the Company is a party; and (iv) the Company has not received written notice of any action or proceeding that challenges the validity of this Agreement or the Company s right and power to enter into and perform this Agreement. (b) The County represents and warrants to the Company that: (i) the County is a political subdivision and body politic of the State of North Carolina with power and authority to enter into and perform this Agreement; (ii) the County has taken all actions necessary to authorize the execution, delivery, and performance of this Agreement; (iii) this Agreement is a legal, valid, and binding obligation of the County, enforceable against the County in accordance with its terms; and (iv) the County has not received written notice of any action or proceeding that challenges the validity of this Agreement or the County s right and power to enter into and perform this Agreement. 6. (a) If the Company defaults in the performance of its obligations under this Agreement, and such default continues for a period of thirty (30) or more days after the County gives the Company written notice of default, then the County s sole and exclusive remedies will be to either terminate this Agreement, suspend making any further incentive payments until the Company pays the amounts due to the County, or requests that a certain percentage of the incentives already paid by the County to the Company be refunded to the County.

14 (b) If any warranty or representation of a part in Section 5 shall have been false or inaccurate in any material respect when made and is not remedied within thirty (30) days following the defaulting party receiving written notice from the non-defaulting party (or in the case where it is capable of being remedied, but is incapable of being remedied within a period of 30 days, such further period as is reasonable in the circumstances), then the non-defaulting party will have such rights and remedies as may be available in law. (c) If the County defaults in the performance of its obligations under this Agreement, and such default continues for a period of thirty (30) or more days after the Company gives the County written notice of such default, then the Company will have such rights and remedies as are available in law. 7. (a) Each provision in this Agreement is severable. If any provision of this Agreement will be determined to be invalid or unenforceable by a Court of competent jurisdiction, then: (a) such determination will not invalidate or render unenforceable any other provision of this Agreement: (b) such provision will be construed as closely as possible to the parties original intent in order to render such provision valid or enforceable, as applicable; and(c) the remaining terms of this Agreement, together with such reconstructed provision, will constitute the parties entire agreement. 8. The County will keep confidential and will not disclose or publish any of the Company s trade secrets described in Section (1) of the North Carolina General Statutes. If the County receives a request, subpoena, or Court order to disclose any information or records the Company or its representatives have provided or provide in the future relating to this Agreement, the facility, or the project, the County will give the Company prompt written notice of the request, subpoena, or Court order and will discuss any proposed disclosure of

15 such information or records with the Company (and, to the extent possible, give the Company the opportunity to contest any disclosure of information or records the Company believes should not be disclosed) before making any such disclosure. 9. This Agreement shall not be modified, amended, or terminated without the prior written consent of the parties. 10. This Agreement shall not be assigned without the prior written consent of the County, such consent not to be unreasonably withheld, conditioned or delayed, and the terms and conditions herein are binding upon, enforceable against, and shall inure to the benefit of the parties hereto and their successors. 11. Notice under this Agreement, unless otherwise designated in writing, shall be sent as follows: If to the Company, to: AR Textiles, Ltd Matheson Boulevard East Mississauga Ontario L4W 4J1 Canada If to the County, to: David Bone, County Manager County of Martin PO Box 668 Williamston, NC No provision of this Agreement shall be construed or interpreted as creating a pledge or lending of the faith and credit of the County within the meaning of any constitutional debt limitation of the Constitution of North Carolina; no provision of this Agreement shall be construed to pledge or create a lien on any class or source of Martin County s monies; nor shall any provision of this Agreement restrict or limit in any way the duties

16 and obligations of the County relating to the determination and setting of annual budgets and tax rates. 13. This Agreement shall be construed according to the laws of the State of North Carolina and the venue for any controversy arising under this Agreement shall be Martin County, North Carolina. 14. This Agreement is executed in duplicate originals, one of each original to be retained by each party. The parties execute this Economic Development Agreement as of the day of, MARTIN COUNTY ATTEST: BY: Ronnie Smith Chairman Clerk OLD BUSINESS AR Textiles, Ltd. BY: Subbarao Palapartyvenkata Vice President Discussion About Establishing A Season For Taking Foxes by Trapping In Martin County During the public comments period at the March 9 th Board of Commissioners meeting, Mr. Glen Hardison advocated for a local bill that would allow a fox trapping season in Martin County, during the statewide furbearer trapping season. Mr. Hardison stated studies show that allowing the trapping of foxes during this period would increase the harvest of coyotes. Mr. Hardison showed data which stated from , the average number of coyotes harvested per county with an established fox trapping season was 31% to 112% higher than in counties without a fox trapping season. According to state statutes, it is legal to trap coyotes during the regulated trapping seasons established by the NC Wildlife Resources Commission (WRC). It is also legal to trap coyotes

17 during any fox-trapping season established by statute or by local law, using methods described in statute, even when those fox-trapping seasons open prior to and extend after the regulated trapping seasons. Currently, Martin County does not have a fox trapping season or fox hunting season with weapons. However, Martin County is regulated by S.L. 1977, c. 636 that classifies the fox as a game animal which may be taken only with dogs at any time during the day or night, and prohibits the purchase or sale of foxes or parts thereof, except for live foxes for restocking purposes. Public Comments Four individuals signed-up to make public comments about a fox trapping season being established in Martin County, although others were given the opportunity to make comments. Advocates Against Fox Trapping Season Those advocating against a fox trapping season and signed-up for comments were Mr. Jimmie Johnson, NC Hwy 903, Robersonville; Mr. Jeff James, 2706 Flat Swamp Rd, Robersonville; and Mr. Alvin Barrow, 1105 Cowin Rd, Williamston. Others who commented were Mr. Tony Ange, Jamesville and Mr. Kevin Rogers, Bear Grass, as well as others, who did not identify themselves. Reasons given against a fox trapping season in Martin County: Tradition of hunting foxes with dogs Scarcity of foxes Illegal trapping already being done, with the intent to sell for monetary gain Chasing foxes with dogs no more inhumane than trapping foxes Trespassing issues may increase Advocate For Fox Trapping Season Ms. Kathy Hardison, 9555 Hwy 171, Williamston, advocated for a fox trapping season by stating the following reasons: Fox trapping season would open up foxes to more citizens Present policy allows the destruction of foxes tracked down by dogs 365 days a year. An established season would limit current regulation, and possibly help control the population The Board of Commissioners received, as well as solicited comments, for and against establishing a fox trapping season in Martin County. After considering the issue for both sides, the general consensus of the Board was that sufficient laws were presently in place and to not move forward based on the information provided at this time. NEW BUSINESS

18 New Property Card Template Tax Assessor Elisha Hardison reiterated that Martin County 911 Communications had to upgrade its mapping system in order to properly communicate with 911 s new operating system. This upgrade directly impacted the GIS mapping software in the Tax Office. This upgrade will be very beneficial to Martin County. Along with this new upgrade, also came a new look for the tax parcel record cards. In order for the data to transfer to the Martin County GIS website, a new format for the tax parcel card will be implemented. There will still be the ability to view and print both tax parcel cards in the office, but the website will only be able to support the new card. Tax Assessor Hardison stated Martin County is currently finishing up with re-valuation for As a result, new photos are available for all properties in Martin County. It would be extremely beneficial to 911, Tax Office staff, and daily users of the mapping system to include one frontfacing photo of the main building structure on each tax parcel card. The Board of Commissioners was asked to approve the attachment of photos to the tax parcel cards and to allow this information to be published on the Martin County GIS website. Commissioner Bowen made the MOTION to approve the addition of photos to the parcel tax cards and to allow photos to be included with the listing on the County GIS website, with a SECOND by Commissioner Bond. The motion was APPROVED unanimously. Water, Sewer & Road Infrastructure Project Bids for Industrial Park in Everetts County Manager Bone explained the NC Department of Commerce Rural Infrastructure Authority awarded Martin County $926,675 to fund improvements to the Martin County Industrial Park in Everetts. The County will not be required to provide a match for this grant. The infrastructure expansion will be for road, water, and sewer extensions to the present end of the paved road and infrastructure running to the rear of the shell building. Improvements include extension of a 25-foot wide roadway, 2,000 linear feet of 8-inch water line, and 2,000 linear feet of 8-inch gravity sewer line extension. Without these improvements, there would be only one buildable lot remaining in the industrial park. Martin County received four (4) bids, which were opened on March 24, The low responsible bidder was Water and Waste System Construction from Garner. The contract was modified by $5,500 to include a drop manhole connection on the outside, for a new project bid price of $577, Project Engineer William Larsen, of The Wooten Company, recommended awarding the construction contract to Water and Waste System Construction. Project Engineer Larsen attended the meeting to answer questions, if needed. Vice Chairman Lilley made the MOTION to approve the new modified construction bid price proposed by Water and Waste System Construction (entered into these minutes by reference: Memorandum of Negotiation Construction Contract for the Martin County Industrial Park

19 Road Design & Utility Extension Project TWC No Z), with a SECOND by Commissioner Bowen. The motion was APPROVED unanimously. Contract for Engineering/Planning Services for Martin County Airport County Manager Bone stated Michael Baker Engineering (formerly known as the LPA Group) had been Martin County s airport consultant for a number of years. As part of a 5-year cycle recommended by the NC Division of Aviation and the Federal Aviation Administration (FAA), Martin County sought statements of qualifications by engineering firms for the airport. This was last done in the spring of Martin County sent notification of the Request for Qualifications to 6 firms and also advertised on the NC Airport Association web site. Submissions were on March 22, The following three (3) firms submitted responses to the Request for Qualifications: Michael Baker Engineering, Inc. W.K. Dickson & Co., Inc. Parrish and Partners, LLC Following the interviews of the three (3) firms on April 5, 2016, the Airport Commission Board and County Staff recommended that Martin County utilize the services of W.K. Dickson & Co. for airport consulting services. Program Manager Brigid Williams and Project Manager Jason Elliott attended the meetings as representative for W. K. Dickson. Several of W. K. Dickson staff worked previously for Michael Baker Engineering and would continue to bring a wealth of knowledge to the table. County Manager Bone stated W.K. Dickson have suggested other funding sources for the Airport as well. Commissioner Ayers made the MOTION to approve the contract with W. K. Dickson (entered into these minutes by reference contract for Professional Services Between Owner-Martin County and Engineer-WK Dickson ) for the Martin County Airport as presented, with a SECOND by Vice Chairman Lilley. The motion was APPROVED unanimously. Interlocal Cooperation Agreement Between Martin County, Martin County Sheriff s Office and the Town of Jamesville The Martin County Board of Commissioners was asked to enter into an Interlocal Agreement with the Martin County Sheriff s Office and the Town of Jamesville, whereas the Town of Jamesville would adopt the Martin County Animal Control ordinance. The Martin County Sheriff s Office would provide Animal Control services, with exceptions as stated in the agreement, and any other services as agreed upon by the prospective parties. Vice Chairman Lilley made the MOTION to approve entering into the ILA with the Martin County Sheriff s Office and the Town of Jamesville as presented below, with a SECOND by Commissioner Bond. The motion was APPROVED unanimously.

20 INTERLOCAL COOPERATION AGREEMENT BETWEEN COUNTY OF MARTIN, COUNTY OF MARTIN SHERIFF S OFFICE AND TOWN OF JAMESVILLE THIS INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARTIN, COUNTY OF MARTIN SHERIFF S OFFICE AND THE TOWN OF JAMESVILLE, this the day of, 201. WHEREAS the County of Martin, through its Sheriff s Office, administers and enforces an Animal Control Ordinance which the Town of Jamesville by Resolution adopted pursuant to North Carolina General Statute 153A-122 allows to be applicable within the Town; AND WHEREAS the Town of Jamesville, in addition, deems it necessary, pursuant to its police power, to enact an Animal Prohibition Ordinance pertaining to livestock, poultry and other animals as listed in the Ordinance. AND WHEREAS the Town of Jamesville will enforce the power and authority of the Town of Jamesville ordinance to prohibit the animals encompassed in its prohibition ordinance; THEREFORE in consideration of the premises and under the authority of the aforesaid statutes, it is agreed that: 1. The purpose of this Agreement is to provide for the administration and enforcement of that certain Ordinance of Martin County entitled Martin County Animal Control Ordinance that was adopted on April 8 th, 2015 and amended on May 13 th, 2015 by the Martin County Board of Commissioners. 2. This Agreement shall not include the administration and enforcement of that certain Ordinance of the Town of Jamesville entitled An Ordinance of the Town of Jamesville Prohibiting Certain Animals Within the Town adopted by the Town Board on the day of, This Agreement shall continue until terminated or amended as set out below. 4. It is not intended by this Agreement to establish a joint agency but that the purpose of this Agreement shall be to administer and enforce the aforesaid Ordinance. 5. The personnel necessary to the execution of this Agreement shall be staff or law enforcement personnel of Martin County. The Town of Jamesville shall continue to pay the County for law enforcement in the same amount as it now pays. 6. No real property or ownership thereof is involved in the undertaking.

21 WRITTEN. 7. This Agreement may be amended by the mutual agreement of both the County and the Town. 8. This Agreement may be terminated by the majority vote of either the Martin County Board of Commissioners or the Board of Commissioners of the Town of Jamesville. 9. This Agreement shall be effective upon the approval of same by both parties. WITNESS OUR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE COUNTY OF MARTIN ATTEST: By: CHAIRMAN COUNTY CLERK COUNTY OF MARTIN SHERIFF S OFFICE ATTEST: By: SHERIFF SECRETARY ATTEST: CLERK TOWN OF JAMESVILLE By: MAYOR Budget Amendments Budget Amendment #29 Finance Director Cindy Ange stated the Governor s Crime Commission awarded the Martin County Sheriff s Office with a grant for $15,000. These funds will be used to purchase and place into service body-worn video cameras.

22 Also, the American Society for the Prevention of Cruelty to Animals (ASPCA) awarded the Martin County Sheriff s Office a grant for $7,500. These funds will be used for legal fees and vet expenditures associated with the Animal Enforcement Division. BUDGET ORDINANCE AMENDMENT-29 BE IT ORDAINED by the Board of Commissioners of Martin County, North Carolina, that the following amendments be made to the annual budget ordinance for the fiscal year ending June 30, Section 1. To amend the General Fund, the expenditures are to be changed as follows. Increase Decrease Public Safety Sheriff s Office $ 22,500 This will result in an increase of $22,500 in the expenditures of the General Fund. To provide a increase in the revenues for the above, the following revenues will be changed. Restricted Intergovernmental $ 22,500 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board and to the Finance Officer for their direction. MOTION by Commissioner Bowen and SECONDED by Commissioner Bond to adopt the above budget ordinance amendment this 13th day of April, The motion was APPROVED unanimously. Budget Amendments #30 Finance Director Ange explained that the Oak City Tank Valve Project was originally budgeted in the current year for $15,000. The lowest bid for the project is for $24,765 from A.C. Schultes of Carolina (ACSC). The project will involve installing one 6 insertion valve and one 8 insertion valve. The 6 valve will be installed in the pressurized water main from the Oak City tank (County owned) site to the original Oak City well building (Town owned). This valve will terminate the water main on County owned property and eliminate the portion of the water main and existing 6 above ground valve acting as a dead-end located on Town property. The valve will eliminate the potential freezing/rupturing of the existing dead-end valve and main and any other associated maintenance issues as experienced in the winter of 2015, and County staff will no longer be needed to operate or supply auxiliary heat sources such as portable LP tank mounted burners and/or electric space heaters on property owned by the Town.

23 The 8 valve will be installed in the water main from Oak City to the distribution system main. The existing valve is inoperable resulting in no capability to drain and isolate the tank for routine maintenance and interior cleaning or painting. Currently, the entire Town would have to be turned off to isolate the tank. The Town would be without water for an extended period. The tank is scheduled to have interior cleaning and painting in BUDGET ORDINANCE AMENDMENT- 30 BE IT ORDAINED by the Board of Commissioners of Martin County, North Carolina, that the following amendments be made to the annual budget ordinance for the fiscal year ending June 30, Section 1. To amend the Water District #1, the expenditures are to be changed as follows. Increase Decrease Administration $10,000 Operations $10,000 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board and to the Finance Officer for their direction. MOTION by Commissioner Bowen and SECONDED by Commissioner Bond to adopt the above budget ordinance amendment this 13th day of April, The motion was APPROVED unanimously. Budget Amendment #31 Finance Director Ange stated the NC Division of Child Development and Early Education released the final allocations for day care and Smart Start funds. Day care funds were reduced by $31,055, and Smart Start was given an additional allocation of $4,190. BUDGET ORDINANCE AMENDMENT-31 BE IT ORDAINED by the Board of Commissioners of Martin County, North Carolina, that the following amendments be made to the annual budget ordinance for the fiscal year ending June 30, Section 1. To amend the General Fund, the expenditures are to be changed as follows. Increase Decrease Human Services Department of Social Services $26,865 This will result in a decrease of $ 26,865 in the expenditures of the General Fund. To provide a decrease in the revenues for the above, the following revenues will be changed.

24 Restricted Intergovernmental $26,865 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board and to the Finance Officer for their direction. MOTION by Commissioner Bowen and SECONDED by Commissioner Bond to adopt the above budget ordinance amendment this 13th day of April, The motion was APPROVED unanimously. Budget Amendment # 32 Finance Director Ange stated on September 25, 2015 the North Carolina 911 Board approved Martin County s funding reconsideration request for a new Computer Aided Dispatch (CAD) system. The total cost for this project will be approximately $220,000. Purchases made using 911 fund dollars must meet specific requirements as prescribed by the NC 911 Board. Financial analysts with the 911 Board determined that this project was eligible for funding with the exception of $21, which must be paid for with general fund dollars. The Board of Commissioners approved a budget amendment for this amount in October 2015 from the general fund. These ineligible expenses predominately include hardware, software, and other integration charges to make the system interoperable with the responding agencies that Martin County Communications serves (i.e. Martin County Sheriff, various Fire and EMS departments). Interoperability with CAD will enable voice and data to be transmitted to responders, ensuring a more accurate and timely response during an emergency. The balance of approximately $200,000 of the CAD project is 911 Fund eligible. Budget Amendment #32 will appropriate the funds from fund balance of the 911 Fund. BUDGET ORDINANCE AMENDMENT-32 BE IT ORDAINED by the Board of Commissioners of Martin County, North Carolina, that the following amendments be made to the annual budget ordinance for the fiscal year ending June 30, Section 1. To amend the Emergency Telephone System Fund, the expenditures are to be changed as follows. Increase Decrease Public Safety E-911 $ 200,000 This will result in an increase of $200,000 in the expenditures of the Emergency Telephone System Fund. To provide an increase in the revenues for the above, the following revenues will be changed.

25 Fund Balance Appropriation $ 200,000 Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Governing Board and to the Finance Officer for their direction. MOTION by Commissioner Bowen and SECONDED by Commissioner Bond to adopt the above budget ordinance amendment this 13th day of April, The motion was APPROVED unanimously. BOARD REPORTS/COMMISSIONERS COMMENTS Vice Chairman Lilley stated things were going well for tourism development. Due to the large attendance to the horse shows at the Senator Bob Martin Agriculture Center, Martin County was able to add to its Tourism revenue. Adjourning counties benefited as well because all the hotels in Martin County were full. Commissioner Bowen also stated things are going well on the boards he serves. Commissioner Bond commented new computers have been installed at both ABC stores. Commissioner Bond added sixty percent (60%) of the business done at the ABC stores is by credit cards. Commissioner Ayers stated it was great to hear the Ag Center was doing so well, and reminded everyone of the events scheduled for Friday, April 15 th, 10 a.m. to 2 p.m. at the Martin County Airport. ADJOURNMENT With no further business to discuss, Commissioner Bowen made the MOTION to adjourn at 8:26 p.m., with a SECOND by Commissioner Bond. The motion was unanimously APPROVED. The next regular meeting of the Martin County Board of Commissioners is scheduled for Wednesday, May 11, 2016 at 7:00 p.m. in the Board Room of the Martin County Governmental Center, 305 East Main Street, Williamston, North Carolina. Ronnie Smith, Chairman Marion B. Thompson, NCCCC Clerk to the Board