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BOC Minutes April 9 2018approve April 9, 2018 1 PERSON COUNTY BOARD OF COMMISSIONERS APRIL 9, 2018 MEMBERS PRESENT OTHERS PRESENT Tracey L. Kendrick Heidi York, County Manager Gordon Powell C. Ronald Aycock, County Attorney Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear B. Ray Jeffers The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, April 9, 2018 at 7:00pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an invocation and Commissioner Puryear led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Vice Chairman Powell stated the need to add an item to the agenda for Clarification of FY2018-2019 Funding for Volunteer Fire Departments and asked that the item be added to Unfinished Business. A motion was made by Commissioner Puryear and carried 5-0 to add an item to the agenda for Clarification of FY2018-2019 Funding for Volunteer Fire Departments and to approve the agenda as adjusted. April 9, 2018 2 RECOGNITION: PROCLAMATION FOR THE WEEK OF THE YOUNG CHILD: Chairman Kendrick read and presented a Proclamation designating the Week of the Young Child to Person County’s Partnership for Children Director, Ann Garrard. April 9, 2018 3 PUBLIC HEARING: RESOLUTION DECLARING ITS INTENT TO SELL THE PERSON COUNTY HOME HEALTH AND HOSPICE AGENCY: A motion was made by Commissioner Jeffers and carried 5-0 to open the duly advertised public hearing for public comments related to adopting a Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice Agency. County Attorney, Ron Aycock stated the Board had previously indicated an interest in exploring the sale of County’s Home Health and Hospice Agency. He stated in order to further proceed in the process, the law required a complicated process to ensure a market for such sale, to ensure the people of Person County receiving such services through agencies continue to receive the needed support and services, and to assure the County for a good price. Mr. Aycock said the public hearing set was a required first step of a long process to determine whether or not the Board desired to sell, and if so, to whom and at what price. Mr. Aycock presented a Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice Agency that stated all those intents to start the process, if adopted by the Board of Commissioners. There were no individuals appearing before the Board to speak in favor of the Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice Agency. Individuals appearing before the Board to speak in opposition to the Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice Agency were: Ms. Deborah Tinnin of 811 N. Main Street, Apt. C, Roxboro, and a Social Worker for the Home Health and Hospice Agency for the last six years and an employee of Person County Government for 25 years asked the Board to consider the people served by the agency. She added they serve Person County residents and are many times known already through the community. Ms. Tinnin said an agency from out of town would extend the response time to provide a needed support. Ms. Tinnin wanted the Board to think of the employees of the agency, i.e., nurses, chaplain, C&As that are the front line folks that care for patients. April 9, 2018 4 Ms. Michelle White of 5030 Semora Road, Roxboro stated she serves as a Nursing Manager/Supervisor for Home Health and Hospice, the Health Department Clinic and Preparedness and Safety. Ms. White stated her opposition to the Board’s Intent to Sell. She shared that the Hospice program has been profitable every year except for 2016, and in fact, covered the losses in the Home Health Agency for four years, was #1 hospice in Person County. Ms. White requested the Board’s consideration to retain the Hospice program along with the nine positions that would be eliminated if sold. Ms. White noted the Hospice program provides aid to clients and ongoing mental health support to clients’ families. She further noted that private hospice providers can cap the percentage of indigent or poor payer sources when public organizations do not. Ms. White said the Board of Health was in full support for the Hospice continuing as a county program. She added Hospice can be self-sufficient and help fund other county programs. Ms. White stated the hospice staff are vital to emergency plans as shelter staff and to fulfill the duties as the strategic national stockpile which is a public health program mandated by the state. Ms. White said that after the initial profit of a sale of Home Health and Hospice Agency, there will be a greater monetary demand on the county for other state mandated public health programs. Ms. White invited the group to come to the Health Department to learn more about these considerations that she shared. Commissioner Jeffers asked if the employees referred to were full time or part time to which the County Manager, Heidi York noted they were all currently full time employees. A motion was made by Vice Chairman Powell and carried 5-0 to close the public hearing for public comments related to the Board adopting a Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice Agency. CONSIDERATION TO ADOPT A RESOLUTION DECLARING ITS INTENT TO SELL PERSON COUNTY HOME HEALTH AND HOSPICE AGENCY: A motion was made by Commissioner Clayton to keep the Hospice program and offer the Home Health program for sale, and to reflect such in a Resolution Declaring Its Intent to Sell Person County Home Health. When asked for more information, County Manager, Heidi York stated the County funds $1.2M to support the Health Department’s budget for programming. She added that the Home Health and Hospice did not have individual budgets and were included in the overall Health Department budget. Ms. York asked the Health Director, Janet Clayton to share further information. April 9, 2018 5 Ms. Clayton confirmed the Health Department budget of $3.9M was broken down into two budgets: 1) Public Health and 2) Environmental Health. She added the Public Health budget was internally divided into approximately 20 different budgets, each representing a program. Ms. Clayton said the County contributed $230,000 approximately to the Home Health program while Hospice did not receive any local funding and profited by $13,000. Commissioner Puryear stated as the Board of Commissioners were invited to visit and further discuss with the staff of Home Health and Hospice, he asked Commissioner Clayton to consider suspending his motion to visit and further hear staff prior to a decision. Chairman Kendrick stated the Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice Agency was the first step to start the process to gather information to get to the point whereby the Board will have to vote once the bids are received and there was an offer on the table whether to sell or not to sell. Chairman Kendrick recommended to move forward with the resolution. Commissioner Jeffers stated it was not his intent to declare his intent to sell or not to sell at this date. Ms. York clarified the process was to conduct a public hearing on this date to start the process, work with the consultant to prepare a RFP and market such RFP with a deadline to submit proposals. Once the proposals are received, the consultant will bring before the Board for consideration (there may be many proposals or zero proposals submitted.) Ms. York said the Board may then enter into negotiations should a proposal be deemed favorable or the Board may decline any and all proposals. Ms. York confirmed the Resolution Declaring Its Intent to Sell the Person County Home Health and Hospice, whether combined or individually in no way commits the Board to a sale of either program. Ms. York noted the consultant recommended that the County bundle the two services into one sell as the hospice program has the potential to be more lucrative. The motion made by Commissioner Clayton to keep the Hospice program and offer Home Health program for sale and to reflect such in a Resolution Declaring Its Intent to Sell Person County Home Health failed 2-3. Commissioners Clayton and Jeffers voted in favor of the motion whereby Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear cast the dissenting votes. A motion was made by Commissioner Jeffers and carried 4-1 to table action for consideration to adopt a Resolution Declaring Its Intent to Sell Person County Home Health and Hospice Agency until the Board’s meeting on May 21, 2018. Chairman Clayton cast the lone dissenting vote. April 9, 2018 6 PUBLIC HEARING: CONSIDERATION OF WHETHER TO FINANCE A PORTION OF THE COST OF VARIOUS PROJECTS AND THE MAKING OF RELATED DETERMINATIONS: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for consideration to finance a portion of the costs of various projects and the making of related determinations. Finance Director, Amy Wehrenberg stated the purpose of this public hearing was to consider (a) whether the Board of Commissioners for Person County should approve a proposed installment financing agreement to finance a portion of the cost to construct two public safety communication towers, the purchase and installation of related facilities and equipment, as well as building improvements to Huck Sansbury Gym, roofing replacement for Early Intervention, cooling tower replacements for Helena and Stories Creek Elementary Schools, and heating and cooling valve replacements at South Elementary (the “Project”) and (b) whether the County should acquire from the Person County Board of Education an interest in the real and personal property included in the Northern Middle School project for use by the Person County Schools. The financing proceeds will not exceed $4.75M for these projects with the remaining cost to be sourced from local contingency funds in the General Fund. The County will secure the repayment of the financing by pledging Northern Middle School as collateral for the financing. Ms. Wehrenberg noted a proposal to finance a portion of the cost of this Project for $4.4M was received from BB&T (the “Proposal”) in response to the County’s RFP which was sent to a number of financial institutions, and appeared to be the most favorable of proposals received by the County for this purpose. Ms. Wehrenberg requested of the Board of Commissioners, after the public hearing was closed, to consider making the following determinations: 1) to proceed with the proposed financing and approve on a preliminary basis the Proposal to finance a portion of the cost of the Project in an amount not to exceed $4,750,000; 2) to authorize the Chairman of the Board of Commissioners and the County Manager and Finance Director of the County to negotiate further with the approved lender, the terms of the Proposal as they consider to be necessary or advisable, and execute and deliver the Proposal to BB&T at such time they determine to be appropriate; and 3) to acquire from the Board of Education an interest in the real and personal property included in the Northern Middle School project, including specifically the site of Northern Middle School and the improvements thereon, for use by the Person County Schools. April 9, 2018 7 Ms. Wehrenberg presented the RFP bid tabs: April 9, 2018 8 Commissioner Jeffers asked Ms. Wehrenberg about the capital projects included with the proposed financing to which she responded the schools’ deemed critical. She added the County could have deferred to future years but these critical capital needs were causing real maintenance issues for the schools. Ms. Wehrenberg noted when the capital projects were requested, she determined a better strategy to include with the tower financing. Chairman Kendrick stated a more favorable outcome on the financing based on bundling the capital projects with the tower projects. Ms. Wehrenberg stated by adding the capital projects to the tower financing, it would entice more lenders to bid on the RFP. Dr. Rodney Peterson, Superintendent of Person County Schools confirmed for the Board that the Southern Middle School fire system meets the current regulations while the Northern Middle School’s fire system required an upgrade due to recent renovation. Dr. Peterson stated support of the recommendation by the Finance Director for the schools’ building improvements. The following individual appeared before the Board to speak in favor of the proposed financing for a portion of the costs of various projects and the making of related determinations: Mr. Leigh Woodall of 200 Reade Drive, Roxboro stated the Finance Director has put together a reasonable proposal for the financing of the cell towers, communication equipment and the capital projects. Mr. Woodall recommended approval of the proposed installment financing agreement, as presented. He offered a recommendation for another source of revenue, as the County deliberates its budget process, that being increasing the volume from 600 tons to 2,000 tons of solid waste allowed into the landfill to increase revenue to be spent on services for the citizens. There were no individuals appearing before the Board to speak in opposition to the proposed financing for a portion of the costs of various projects and the making of related determinations. A motion was made by Commissioner Jeffers and carried 5-0 to close the public hearing for consideration to finance a portion of the costs of various projects and the making of related determinations. April 9, 2018 9 CONSIDERATION TO APPROVE PROPOSED INSTALLMENT FINANCING AGREEMENT FOR A PORTION OF THE COSTS OF VARIOUS PROJECTS AND TO ACQUIRE CERTAIN SCHOOL PROPERTY: Commissioner Puryear moved to recuse himself from the consideration to approve the proposed installment finance agreement due to the recommended lender is his employer. County Attorney, Ron Aycock explained a commissioner is not disqualified from the vote unless he has at least 10% ownership interest in the business. He added there was not a legal prohibition for a commissioner to request the Board to release him from his obligation to vote. By unanimous vote, the Board of Commissioners approved Commissioner Puryear’s request to recuse himself from the vote on the Installment Financing Agreement for a portion of the Costs of Various Projects and to Acquire Certain School Property. A motion was made by Commissioner Jeffers and carried 4-0 to approve the Installment Financing Agreement for a portion of the Costs of Various Projects and to Acquire Certain School Property, as presented by the Finance Director with the following determinations: 1) to proceed with the proposed financing and approve on a preliminary basis the Proposal to finance a portion of the cost of the Project in an amount not to exceed $4,750,000; 2) to authorize the Chairman of the Board of Commissioners and the County Manager and Finance Director of the County to negotiate further with the approved lender, the terms of the Proposal as they consider to be necessary or advisable, and execute and deliver the Proposal to BB&T at such time they determine to be appropriate; and 3) to acquire from the Board of Education an interest in the real and personal property included in the Northern Middle School project, including specifically the site of Northern Middle School and the improvements thereon, for use by the Person County Schools. April 9, 2018 10 PUBLIC HEARING: REQUEST TO ADD COTTON PICKIN TRL, A PRIVATE ROADWAY TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Vice Chairman Powell and carried 5-0 to open the duly advertised public hearing for a request to add Cotton Pickin Trl, a private roadway to the database of roadway names used for E-911 dispatching. GIS Manager, Sallie Vaughn told the Board that on January 16, 2018 the owner of parcel A96-127 approached the GIS Department and asked if they could elect to name their private driveway which will service two proposed homes. A third home may be added at some point in the future. Ms. Vaughn stated the property owner provided a name of Cotton Pickin Trl which was compliant with the County’s local ordinance and that the addition of this road will not affect any adjacent property owners or existing addresses. North Carolina General Statue 153A-239.1(A) required a public hearing be held on the matter and public notice to be provided at least 10 days before the hearing in the newspaper. The required public notice was published in the March 28, 2018 edition of the Roxboro Courier-Times. A sign advertising the public hearing was placed at the proposed roadway location approximately two weeks prior to this public hearing. Ms. Vaughn requested Board approval on the recommended roadway name. The following individual appeared before the Board to speak in favor of the request to add Cotton Pickin Trl, a private roadway to the database of roadway names used for E- 911 dispatching: Ms. Misty Clark of 407 David Road, Hillsborough stated she would be moving to the above mentioned parcel once her home was built. She noted the proposed new roadway name was in remembrance of her grandpa. There were no individuals appearing before the Board to speak in opposition to request to add Cotton Pickin Trl, a private roadway to the database of roadway names used for E-911 dispatching. A motion was made by Commissioner Jeffers and carried 5-0 to close the public hearing for request to add Cotton Pickin Trl, a private roadway to the database of roadway names used for E-911 dispatching. April 9, 2018 11 CONSIDERATION TO GRANT OR DENY REQUEST TO ADD COTTON PICKIN TRL, A PRIVATE ROADWAY TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Commissioner Jeffers and carried 5-0 to approve the request to add Cotton Pickin Trl, a private roadway to the database of roadway names used for E-911 dispatching, as presented. INFORMAL COMMENTS: There were no comments from the public. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Jeffers and carried 5-0 to approve the Consent Agenda with the following item: A. Budget Amendment #14 UNFINISHED BUSINESS: CLARIFICATION OF FY2018-2019 FUNDING FOR VOLUNTEER FIRE DEPARTMENTS: County Manager, Heidi York recalled the discussion at the Board’s March 19, 2018 meeting whereby the Board voted to create a fire tax and lower the tax rate in order to have no impact to the taxpayer for FY2018-2019. The specific motion that was adopted tied amounts for the fire tax and the property tax that will be revenue neutral to the county but will actually result in a slight increase to the tax payer by adopting a total tax rate of .7031 versus .7000. Ms. York noted staff were seeking clarification from the Board as staff works out the details of how to create and implement the intention of the Board. Ms. York further noted a very tight timeframe exists to implement the fire tax. Ms. York stated she emailed the President of the Fire Chief’s Association/Assistant Fire Chief for the City of Roxboro, Wayne Wrenn as well as a follow-up from staff to ensure the message was distributed that this item would be added to the Board’s agenda. Tax Administrator, Russell Jones shared the following information pertinent to setting a fire tax for the upcoming fiscal year: April 9, 2018 12 1. Cash Flow: with a fire tax, the VFD’s will not receive the full amount of funding in July. They will have to transition from receiving a one-time lump sum payment for their services to receiving monthly checks based on fire tax collections. 2. Revenue Impact: While county taxpayers will see no increase in their tax bill, city taxpayers will see a decrease. This loss of revenue will result in an overall decrease in revenues to the General Fund. Each penny on the fire tax results in a $76,579 loss. 3. Performance Requirements: The Board has expressed interest in requiring the VFD’s to reduce their ISO ratings over a period of time in order to continue receiving increased funding. If there is consensus to move toward performance pay, staff will work with the fire chiefs to determine an appropriate time frame for achieving ISO rate reductions. 4. Process Schedule: In order to create a fire tax, a map of the fire district (county- wide) must be published and a notice via post card format to mailed to all property owners (real property and vehicle owners) impacted by the fire tax four weeks before a public hearing is held. The cost to print and mail this notice is approximately $10,000 and can take up to 30 days to design and set up the print file. As a result, the required findings for establishing a fire tax must be approved by the Board at its April 23, 2018 meeting, so staff has enough time to prepare the mailing; at the April 23, 2018 Board meeting, the Board must also direct the Tax Administrator to move forward with publishing the map and mailing the notice, in the event that the May 8, 2018 sales tax voter referendum does not pass. The notice of public hearing must then be published in the newspaper a week before the public hearing. This scenario places the public hearing on the same day that the budget is scheduled to be adopted, June 18, 2018. State law requires that local governments adopt their budget by June 30th, so there would be little time to make a budget adjustment, if the Board decides not to adopt the fire tax after the proposed public hearing to be scheduled for June 18, 2018. Mr. Jones stated once the post card has been designed and mailed, staff expected an influx of calls with questions from citizens that will affect multiple departments. Ms. York said one penny on the property tax rate generates more than one penny on the fire tax due to the city residents will not pay the fire tax. She reiterated that each penny put toward fire funding through a fire tax is $76,579 less. Ms. York stated the most efficient use of taxpayer funds would be through a property tax versus the penny noting the city residents will not pay a fire tax but see a decrease in the property tax bills for a reduction in the tax rate. Ms. York said Mr. Jones has prepared some funding scenarios for information and discussion purposes to demonstrate the impacts of funding the VFDs from the general fund, a fire tax, and a combination of both. April 9, 2018 13 EXAMPLE A: CURRENT FUNDING (FY18) Before Fire Tax(where we are now)  Value  In  city  County  Rate  County  Tax City Rate City Tax  Fire  Rate  Fire  Tax Total  Net  change  115,000 yes 0.007000 $805.00 0.006700 $770.50      $1,575.50 base‐$.00  115,000 no 0.007000 $805.00         $805.00 base‐$.00  250,000 yes 0.007000 $1,750.00 0.006700 $1,675.00      $3,425.00 base‐$.00  250,000 no 0.007000 $1,750.00         $1,750.00 base‐$.00  EXAMPLE B: DECREASE TO CITY TAXPAYERS, INCREASE TO COUNTY TAXPAYERS; $330K CUT TO GENERAL FUND The above chart displays the impact of implementing a combination of general fund and fire tax, and captures the impact of the discussion and motion of the March 19 meeting. This would be a tax increase for the county taxpayers, making the combined tax rate .7031 versus .7000 for last year. Also, this would still result in flat funding for the VFDs without an additional appropriation from the general fund of $330,000. To fund the VFDs this additional amount, without cuts to the general fund, would require a general fund tax rate of .6924. Total combined tax rate without other county reductions would be .7106 (1.06 cent overall increase). After adding fire tax of .0182, and reducing county tax to .6849 (revenue neutral to county)  Value  In  city  County  Rate  County  Tax City Rate City Tax Fire Rate  Fire  Tax Total  Net  change  115,000 yes 0.006849 $787.64 0.006700 $770.50      $1,558.14 ‐$17.37 115,000 no 0.006849 $787.64     0.000182 $20.93 $808.57 $3.56 250,000 yes 0.006849 $1,712.25 0.006700 $1,675.00      $3,387.25 ‐$37.75 250,000 no 0.006849 $1,712.25     0.000182 $45.50 $1,757.75 $7.75 April 9, 2018 14 EXAMPLE C: DECREASE TO CITY TAXPAYERS, FLAT FOR COUNTY TAXPAYERS; $444K CUT TO GENERAL FUND Again, the above chart displays the impact of implementing a combination of general fund and fire tax. However, the proposal would keep the tax rate at a combined .7000. This is due to the fact that the fire tax is set at .0151, and the general fund is reduced by the same amount to a rate of .6849. Also, this would be a reduction in VFD funding without an additional appropriation from the general fund of $444,334. To fund the VFDs this amount, without cuts to the general fund, would require a general fund tax rate of .6949. Total combined tax rate without other county reductions would be .7100 (1 cent overall increase). EXAMPLE D: DECREASE TO CITY TAXPAYERS, FLAT FOR COUNTY TAXPAYERS; $540K CUT TO GENERAL FUND Fire tax without general fund appropriation  Value  In  city  County  Rate  County  Tax City Rate City Tax Fire Rate  Fire  Tax Total  Net  change  115,000 yes 0.006728 $773.72 0.006700 $770.50      $1,544.22 ‐$31.28 115,000 no 0.006728 $773.72     0.000272 $31.28 $805.00 $0.00 250,000 yes 0.006728 $1,682.00 0.006700 $1,675.00      $3,357.00 ‐$68.00 250,000 no 0.006728 $1,682.00     0.000272 $68.00 $1,750.00 $0.00 The chart above represents a true fire tax. A true fire tax would have the largest impact on the general fund for FY19. A fire tax to support all fire services at $1,000,000 would need to be set at .002714 (2.72 cents). A reduction to the general fund tax rate of 2.72 cents to a new rate of .6728 would result in a loss of revenues to the general fund of $1,210,463. However, the general fund would not need to fund the fire departments as it did in FY18 at $669,885. This would lower the impact to $540,578. To fund the VFDs this amount, without cuts to the general fund, would require a general fund tax rate .6850. Total combined tax rate without other county reductions would be .7122 (1.22 cent overall increase). After adding fire tax of .0150, and reducing county tax to .6850(county taxpayer neutral)  Value  In  city  County  Rate  County  Tax City Rate City Tax Fire Rate  Fire  Tax Total  Net  change  115,000 yes 0.006849 $787.64 0.006700 $770.50      $1,558.14 ‐$17.37 115,000 no 0.006849 $787.64     0.000151 $17.37 $805.00 $0.00 250,000 yes 0.006849 $1,712.25 0.006700 $1,675.00      $3,387.25 ‐$37.75 250,000 no 0.006849 $1,712.25     0.000151 $37.75 $1,750.00 $0.00 April 9, 2018 15 Mr. Jones noted other major points for the Board to consider: 1. Staff will need direction on how to proceed following the results of the May 8 primary, which will determine if a sales tax is desired by citizens. Please remember that proposed maps for a fire service district creation require a public hearing. The required public hearing cannot be any earlier than 4 weeks after publication. This is reason that a fire tax is being discussed before the budget proposal is presented. If you wait until the May 21st meeting to publish the proposed maps, then the first date a public hearing could be held would be June 19th. 2. Cash flow will need to be discussed. In the past, VFDs were given their appropriations in July. With a true fire tax, funding would be disbursed around the 8th of the month, following the month of collections. For example, there would be no funds collected in July, resulting in no disbursement until September 8th, and this would be a very small disbursement. Most funding will be collected in December and January, delaying any disbursement until February 8th. The county may need to discuss a way to forward some funding for FY19. This should only be done the first year. Commissioner Jeffers advocated to appropriate all VFD funding through a fire tax or increase the property tax rate for public safety. Chairman Kendrick noted the Board’s three priorities as education, public safety and economic development; he advocated for cuts to non-mandated services within the County’s $65M budget. At this point in the debate, Chairman Kendrick handed the gavel over to Vice Chairman Powell. Commissioner Jeffers stated out of the $65M County Budget, approximately $22M was property tax revenue, the other being federal and state pass-through funding. Mr. Jones stated a fire tax provides funding to fire departments but the misconception is that it does not guarantee funding year after year. Mr. Jones asked for direction from the Board whether or not to prepare the notices to be mailed for a set fire tax or if the Board prefers to appropriate the VFD funding from the General Fund. Ms. York said if the Board can provide clarity on the concept, staff will bring back in the budget proposal. She said to set the fire tax rate at this time was premature with the numbers changing and will continue to change as she needs to evaluate the needs of both the expenditures and revenues. April 9, 2018 16 Ms. York stated there was agreement among the Board to fund the VFDs at $1M; she asked the Board to agree to the concept for a fire tax, it will be offset with a reduction to the property tax rate without stating a specific amount. Mr. Jones stated he needed the Board to take action related to proceed forward with the notification for the fire tax, if that was the desire of the Board. A motion was made by Commissioner Puryear to direct staff to proceed forward with the notification for the fire tax that is offset with the property tax rate. Commissioner Clayton advocated to implement a fire tax fully. A substitute motion was made by Commissioner Clayton and failed 2-3 to set a 2.72 cents fire tax for the $1M funding for the VFDs. Commissioners Clayton and Jeffers voted in favor of the substitute motion. Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear voted in opposition to the substitute motion. The original motion by Commissioner Puryear carried 3-2. The original motion passed with aye votes by Chairman Kendrick, Vice Chairman Powell and Commissioner Puryear. Commissioners Clayton and Jeffers cast the dissenting votes. Commissioner Jeffers stated the original motion was political and not for public safety. Mr. Jones added that the Board could set the public hearing at the Board’s next meeting on April 23, 2018. April 9, 2018 17 CONSIDERATION TO GRANT OR DENY REQUEST FOR A TEXT AMENDMENT TO AMEND THE ORDINANCE REGULATING AUTOMOBILE GRAVEYARDS AND JUNKYARDS: Chairman Kendrick stated no individuals or business/commercial representatives appeared to offer comments related to the Text Amendment to the Ordinance Regulating Automobile Graveyards and Junkyards. Planning Director, Lori Oakley stated she had no new information to share with the Board but noted she had three residential inquiries since the last discussion by the Board to which she had placed on hold pending a decision by the Board of Commissioners. Commissioner Jeffers stated issue with placing residential complaints on hold as the current ordinance in Section 8 outlines the process in place, just as was done for the complaint located on Cedar Grove Church Road. He added his reasoning behind tabling this item was because of the proposal to do something different that impacts commercial or existing businesses. Commissioner Jeffers asked Ms. Oakley to address the proposed new text related to the time period of 90 days or more for a place of business. Ms. Oakley stated the first step would be to visit the site, discuss and work with the property owner prior to sending a letter to start the penalty process. Ms. Oakley said the second sentence (proposed new text) under Junkyard, Commercial in Section Three Definitions could be removed if deemed appropriate by the Board noting staff’s primary goal is residential. Chairman Kendrick reminded the group that the process was based on a complaint filed. Chairman Kendrick asked Ms. Oakley to note how many complaints has she received over the last year to which she responded there have been two commercial and approximately 35-36 residential complaints. A motion was made by Chairman Kendrick and carried 5-0 to adopt the Text Amendment to the Ordinance Regulating Automobile Graveyards and Junkyards as presented with the second sentence (proposed new text) under Junkyard, Commercial in Section Three Definitions to be omitted. Ms. Oakley said the NC General Statutes requires that when reviewing a text amendment, the Board also include with their motion a statement as to whether the proposed text amendment is reasonable and consistent. A motion was made by Chairman Kendrick and carried 5-0 that the text amendment is consistent with the Comprehensive Plan and future planning goals and objectives of Person County. It is reasonable and in the public interest as it will provide clear and concise regulations in the Ordinance Regulating Automobile Graveyards and Junkyards in Person County. April 9, 2018 18 April 9, 2018 19 April 9, 2018 20 April 9, 2018 21 April 9, 2018 22 April 9, 2018 23 April 9, 2018 24 NEW BUSINESS: REIMBURSEMENT OF UP TO $250,000.00 FOR PREVIOUSLY SPENT PERSON COUNTY BUSINESS INDUSTRIAL CENTER FUNDS FOR THE WATER AND SEWER LINE ENGINEERING FOR PERSON COUNTY MEGA PARK: David Newell, Sr., Chairman of the Person County Economic Development Commission and President of Person County Business Industrial Center (PCBIC) requested the Board of Commissioners to reimburse PCBIC up to $250,000 for the water and sewer line engineering expenditures related to the Person County Mega Park as per the Board of Commissioners action at its meeting on March 20, 2017, whereby the Person County Board of Commissioners in a 4-1 substitute motion approved the following, “to allow PCBIC to move forward and spend from its fund the $250,000.00 and at the point the site was certified, Person County would reimburse PCBIC an amount agreeable with the county commissioners, and at the point that PCBIC gets a business or industry to sign the paperwork to move in, another reimbursement to PCBIC for an additional amount, with both reimbursements to be funded from the county’s sewer fund that the City shares with the County for the extension of sewers.” On March 28, 2017, at a special called meeting of the PCBIC, the board approved moving forward on such plan. PCBIC contracted with LaBella Associates for the engineering design and all required permits for the installation of 12-inch water line and 12-inch sewer line to the Person County Mega Park at a cost of $250,000.00. On Friday, October 27, 2017, the Economic Development Partnership of North Carolina informed the Person County Economic Department that the Person County 1,350- acre Mega Park was state certified and known world-wide. Chairman Kendrick asked the Board to consider to reimburse PCBIC the full $250,000 instead of a portion of reimbursement at time of certification with another reimbursement when a client was secured. A motion was made by Commissioner Clayton and carried 5-0 to reimburse PCBIC $250,000. County Manager, Heidi York clarified and confirmed with the Board that the reimbursement would be paid from the County’s Water and Sewer Fund that currently has a balance of $340,000. Chairman Kendrick also noted available funds from an undistributed economic development incentive but agreed the original intent was to reimburse PCBIC using the Water & Sewer Fund. April 9, 2018 25 VHF RADIO SYSTEM CONTRACT: Assistant County Manager, Sybil Tate stated as a part of the FY18 Capital Improvement Plan, the Board approved funding for the purchase and installation of new public safety communication equipment. The new system will expand radio coverage, using additional towers that will improve communication between all county emergency service departments, including Volunteer Fire Departments. Ms. Tate noted a Request for Proposal (RFP) was released for the new VHF system in November and received one bid. Per State statute, the RFP was re-released and again, only one bid was received. Ms. Tate said Mobile Communications America submitted a bid for $1.2M. The bid has been reviewed by staff and a third-party consultant. Staff, including the county attorney, has reviewed and developed a contract based on the RFP bid. Ms. Tate presented the draft contract for Board consideration and approval. Ms. Tate stated the project consultant, Mr. Frank Marum of TSS Partners and emergency services staff were available to answer technical questions for the Board. Vice Chairman Powell asked about the RFP vendor responses to which Mr. Marum said five vendors were contacted in addition to the published RFP ad which only resulted with one response. A motion was made by Commissioner Jeffers and carried 5-0 to approve the VHF Radio System Contract, as presented. April 9, 2018 26 April 9, 2018 27 April 9, 2018 28 April 9, 2018 29 April 9, 2018 30 April 9, 2018 31 April 9, 2018 32 April 9, 2018 33 April 9, 2018 34 April 9, 2018 35 April 9, 2018 36 RECOMMENDED CAPITAL IMPROVEMENT PLAN FOR FY 2019-2023: County Manager, Heidi York presented the Recommended Capital Improvement Plan (CIP) to the Board noting the CIP is a planning tool for implementing large, capital projects. The CIP includes projects costing $50,000 or greater from county departments, Piedmont Community College and Person County Schools. In past versions, Ms. York stated the capital needs for the Museum and the Senior Center as county-owned facilities have been included. Ms. York stated the CIP paves the way for the Recommended Budget as it will provide an estimate of funding needed for capital projects and anticipates impacts on operating costs as well. These capital projects span the next five fiscal years with the upcoming fiscal year (FY2019) being the only year where a funding commitment is needed from the Board. Ms. York noted the total CIP for the upcoming fiscal year totals $7.3M; $2.9M reflects pay as you go projects with the remainder the financing project the Board discussed earlier. Ms. York outlined that the CIP is scheduled to be adopted at the Board’s meeting on April 23, 2018 and asked for the Board to further discuss, provide feedback, and direction. Chairman Kendrick asked Dr. Pamela Senegal, President of Piedmont Community College about the requirements to enter into the Early College Program, and if the opportunity was open to all the students of Person County or if there were restrictions for eligibility to apply to which she stated the program was open to all students noting there was competitive criteria due to a certain number of spots. She added that entry criteria included academic potential, recommendations as well as other information. The FY2019 CIP appropriation for the Early College POD is $161,740 with four subsequent installment appropriations (FY2020-2023) of $78,003 each. Finance Director, Amy Wehrenberg made a correction on pages 10-13 for the Funding Schedule, the Fiscal Year 2018-2019 should read Budget Year, not Planning Year. Assistant County Manager, Sybil Tate prepared the Board for the Stormwater Fees appropriated in the CIP at $3.8M whereby $230,000 is allocated for the upcoming fiscal year and the subsequent two planning years, $1.785M each. Ms. Tate stated there was a legislative possibility that the stormwater projects may be delayed; she encouraged the Board to speak with their state representatives about introducing legislation to delay further stormwater regulations to clean up the Upper Neuse River Basin to 2024. Commissioner Clayton stated the Upper Neuse River Basin Association (UNRBA) has been working with Representative Yarborough and other legislators to support the delay in regulations to 2024. Commissioner Clayton noted the UNRBA financed a study related to the sediment levels and encouraged the group to view the data on the UNRBA website. Commissioner Clayton invited his fellow commissioners to attend upcoming UNRBA meetings to stay informed. April 9, 2018 37 CHAIRMAN’S REPORT: Chairman Kendrick encouraged residents to get involved and volunteer with Special Olympics. He advocated for individuals to provide input and ideas to the Board on the budget process. Chairman Kendrick reported several notes from the Timberlake Meadows neighborhood sent to commissioners; he asked his fellow commissioners to review those noting the Planning Director may have to address at a future meeting. MANAGER’S REPORT: County Manager, Heidi York had no report. COMMISSIONER REPORT/COMMENTS: Commissioner Jeffers reported there would be a Town Hall meeting on Tuesday, April 10, 2018 starting at 10:00am at City Hall focusing on mental health. He commented that he was the only NC commissioner with the NC Association of County Commissioners that attended a meeting in Florida related to the Rural Farm Bill; this bill is very important to NC noting an $8B business in farming, trading policies, health and human programming, rural development and energy programs. Commissioner Jeffers asked his fellow commissioners to contact legislators to reauthorize the Rural Farm Bill. Commissioner Jeffers said the 4-H Livestock Show will be taking place in Orange County on April 18- 19, 2018 and he invited the group to attend. Commissioner Clayton had no report. Commissioner Puryear had no report. Vice Chairman Powell reported the new CEO of Cardinal Innovations Healthcare, along with other staff would be present at the Town Hall meeting noted by Commissioner Jeffers. April 9, 2018 38 ADJOURNMENT: A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the meeting at 8:58pm. _____________________________ ______________________________ Brenda B. Reaves Tracey L. Kendrick Clerk to the Board Chairman