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BOC Minutes August 15 2016 approve August 15, 2016 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 15, 2016 MEMBERS PRESENT OTHERS PRESENT David Newell, Sr. Heidi York, County Manager Tracey L. Kendrick 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, August 15, 2016 at 9:00am in the Commissioners’ meeting room in the Person County Office Building. Chairman Newell called the meeting to order. Vice Chairman Kendrick gave an invocation and Commissioner Jeffers led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Newell announced a Resolution of Appreciation for a county retiree should be removed from the agenda due to the recipient not being able to attend the meeting. A motion was made by Commissioner Puryear and carried 5-0 to remove the Resolution of Appreciation from the agenda and to approve the agenda as adjusted. PUBLIC HEARING: CONSIDER REVOLVING LOAN FUND PROGRAM APPLICATION REQUEST BY STRICKLAND & JONES FUNERAL HOME FOR A LOAN: A motion was made by Vice Chairman Kendrick and carried 5-0 to open the duly advertised public hearing to consider a Revolving Loan Fund Program Application request by Strickland and Jones Funeral Home for a loan. County Manager, Heidi York stated the County has received a Revolving Loan Fund Program application from Strickland and Jones Funeral Services, LLC requesting $50,000 to finance the purchase of furniture, fixtures and equipment for a new funeral home located on Durham Road (Hwy 501S) in Roxboro. Ms. York noted itemized invoices have been provided totaling $58,113 for the items that the proposed funding would be used to purchase. Ms. York noted as she reviewed the credit criteria demonstrating adequate cash flow and a willingness to pay past credit obligations that was provided, she partnered with a local financial institution for review of the loan application to determine the credit- worthiness of the applicants. The results illustrated that conventional financing for the purchase of furniture, fixtures and equipment would not exceed 60 months or 75% of the cost. Ms. York stated the Revolving Loan Fund Policy states that “loan terms are to be as short as possible and consistent with private lender standards.” Therefore Ms. York recommended limiting the term to 60 months and a loan amount to $43,584. August 15, 2016 2 The Person County Revolving Loan Fund Program was established to support and promote economic development of small businesses in the County. Final approval of loan terms and of the loan shall be the responsibility of the Board of Commissioners. If approved, Ms. York stated the next steps was to complete and execute a security agreement for the collateral for the loan, promissory note and loan closing. Ms. York said the collateral would be the items that would be purchased using the loan proceeds as well as a secondary lien on the real property assets. Speaking in favor of the Revolving Loan Fund Program Application request by Strickland and Jones Funeral Home for a loan was: Mr. Robby Jones, one of the partners for Strickland and Jones Funeral Home, representing the applicants for the request for Revolving Loan Program funding stated he had documentation for eligible expenses that met the criteria of the program that far exceeded the $50,000 that was requested. Mr. Jones requested the Board’s consideration for the full requested amount of $50,000 as well as the loan term to be 120 months to assure the small business’ success. Commissioner Jeffers asked Mr. Jones if the services of the funeral home would be made available to all residents of the county to which Mr. Jones replied affirmatively. There were no individuals appearing before the Board to speak in opposition to Revolving Loan Fund Program Application request for funding by Strickland and Jones Funeral Home. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing to consider a Revolving Loan Fund Program Application request by Strickland and Jones Funeral Home for a loan. CONSIDERATION TO GRANT OR DENY REQUEST BY STRICKLAND & JONES FUNERAL HOME FOR A REVOLVING LOAN FUNDING: A motion was made by Commissioner Puryear to approve the Revolving Loan Fund Program application request by Strickland & Jones Funeral Home in the amount of $50,000 with a loan term of 120 months. Vice Chairman Kendrick requested Board consideration that once the Strickland and Jones Funeral Home loan application was complete, the Board determine the viability of the program by appropriating funding and to review the program’s term options and interest rates, before any other small business loan application was accepted and reviewed. Commissioner Puryear amended his motion to approve the Revolving Loan Fund Program application request by Strickland & Jones Funeral Home in the amount of $50,000 with a loan term of 120 months and to review the Revolving Loan Fund Program criteria prior to any other loan applications being considered. The amended motion passed by unanimous vote. August 15, 2016 3 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake announced that PC PRIDE would co-sponsor with C&P Siding a campaign forum to be held at the Festival House on October 6, 2016 starting at 6:00pm. Ms. Blalock invited the three commissioners seeking reelection and noted she would invite commissioner candidates Gordon Powell and Donald Long. Ms. Blalock said each candidate would receive questions ahead of forum. Ms. Blalock asked the Board if the proposed Request for Proposals for county- wide convenience centers would put local businesses, i.e., Clayton & Hurdle, out of business. Ms. Blalock opined that convenience centers would cost huge sums of money to build and to man. Ms. Blalock said Person County’s trash was not the problem but the thousands of toxic tons coming across the Person County borders every day. Ms. Blalock asked that all revenues gained from the landfill be put into a special fund to take care of problems created for the citizens along US158. Ms. Blalock told Chairman Newell that holding a 9:00am public hearing related to the landfill was probably suggested by Republic to limit the number of people attending so she asked Chairman Newell to change the public hearing to a night meeting to allow working citizens a chance to be heard on this important issue. Ms. Blalock stated that PC PRIDE will have to take a stand if the Board makes an unacceptable decision. Ms. Blalock stated the county would be receiving a letter of intent to challenge from PC PRIDE’s attorney if the Board makes a pro-landfill decision. Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont, and a property owner adjacent to the landfill stated three or four businesses will be affected with county convenience centers. Ms. Blalock was in possession of a record of a public hearing held in 1999 which stated many times that the landfill would only be open 20 years and that Republic had to abide by the contract. Ms. Blalock found out in Raleigh that Republic has bad thirteen infractions in the span of a couple of years and that they have been fined. Ms. Blalock noted only one private well has been tested and that the people in that area cannot afford to dig new wells. 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 items: A. Approval of Minutes of July 18, 2016, B. Approval of Minutes of August 1, 2016, C. Budget Amendment #3, D. Home & Community Care Block Grant Final Revised County Funding Plan for FY2016 for the Person County Senior Center, E. Request from a Private Resident to Connect to the City Sewer, F. Mt. Tirzah Right of Entry Letter G. Tax Adjustments for the month of August 2016 a. Tax Releases, and b. NC Vehicle Tax System pending refunds August 15, 2016 4 NEW BUSINESS: REQUEST FOR PROPOSALS FOR COUNTY-WIDE CONVENIENCE CENTERS: Chairman Newell stated it would be prudent for the Board to be educated on the options related to county-wide convenience centers. Vice Chairman Kendrick noted by constructing three more convenience centers plus the one already at located at the landfill would provide more opportunity for recycling. Vice Chairman Kendrick stated the responses from the Request for Proposals could include county-run centers, corporation or business run or the possibility to utilize Person Industries’ staff to run using revenue from the commodities to offset the operations costs. Commissioner Clayton stated support of having recycling jobs for individuals with disabilities and if the intent with the convenience centers would continue to fulfill that goal he would support however if the results were to favor closing the recycling center and/or Person Industries, he voiced opposition. Commissioner Clayton noted Chairman Newell had previously discussed the costs associated with the recycling center and this option could prove to be more costly. Commissioner Jeffers noted the lack of information for the agenda item which prevented him from comparing information with his counterparts in other counties. Chairman Newell suggested to direct staff to bring back a Request for Proposals to the Board with options related to county-wide convenience centers. Commissioner Puryear requested a study with cost factors using surrounding counties similar in size that have convenience centers, along with strategic locations for three convenience centers to be located within the four quadrants of the county. A motion was made by Commissioner Puryear and carried 3-2 to direct staff to bring back to the Board a study for a potential Request for Proposals listing options related to county-wide convenience centers including cost comparisons and fee structure using counties similar in size that have convenience centers, along with strategic locations for three convenience centers to be located within the four quadrants of the county. Assistant County Manager, Sybil Tate stated she would work with the county’s consultant, Smith Gardner, who has already done some research on convenience centers noting this study was within the scope of the contract. Chairman Newell, Vice Chairman Kendrick and Commissioner Puryear voted in support of the motion. Commissioners Clayton and Jeffers voted in opposition to the motion. August 15, 2016 5 SOLID WASTE FRANCHISE PUBLIC ANNOUNCEMENT: County Manager, Heidi York stated the Board must order the publication of the public hearing notice for the proposed Solid Waste Franchise Ordinance. According to State law, the county must publish in the newspaper a public announcement giving a 30- day notice ahead of the public hearing pertaining to the proposed solid waste franchise ordinance. Ms. York added that in addition to the public hearing, two readings of the proposed Solid Waste Franchise Ordinance must be read at the Board’s regularly scheduled meetings. Ms. York presented the Board with the schedule of events for the proposed ordinance. A motion was made by Commissioner Puryear to order the publication of the public hearing notice for the proposed Solid Waste Franchise Ordinance to be held on September 19, 2016 at 9:00am at the Board’s regular scheduled Board meeting. A substitute motion was made by Commissioner Jeffers and carried 3-2 to order the publication of the public hearing notice for the proposed Solid Waste Franchise Ordinance to be held on September 19, 2016 at 7:00pm. Commissioner Jeffers noted he was not in favor of the public hearing but preferred working residents to have the opportunity to attend. Chairman Newell and Commissioners Clayton and Jeffers voted in support of the motion. Vice Chairman Kendrick and Commissioner Puryear voted in opposition to the motion. Commissioner Clayton stated for the record that he voted to move the public hearing from the morning to evening but that does not mean that he was in favor of the public hearing. A motion was made by Chairman Newell and carried 5-0 to set the location of the public hearing for the proposed Solid Waste Franchise Ordinance to be held in the Person County Office Building Auditorium at the set time of 7:00pm on September 19, 2016. Action Date Call for Public Hearing, BOC meeting August 15, 2016 9:00am  Advertise in local newspaper (30-day notice)  August 17, 2016 Public Hearing Date, BOC meeting September 19, 2016 9:00am  1st Reading, BOC meeting October 3, 2016 7:00pm 2nd Reading, BOC meeting October 17, 2016 9:00am  August 15, 2016 6 BROADBAND RFP: Assistant County Manager, Sybil Tate said by action of the Board at its August 1, 2016 meeting, the consultant was directed to proceed with a Request for Proposals (RFP) that included construction of county-owned fiber connecting the four public safety towers. Ms. Tate introduced Mr. Joe Freddoso to present to the Board a draft of the Broadband RFP for input with consideration to release the RFP on August 25, 2016. Mr. Freddoso stated Person County, led by its Commissioners, will act as the leader of the Person County Advanced Network (PCAN) initiative to bring fast, more reliable, higher value, scalable broadband service to Person County. PCAN includes affiliate organizations that have agreed to support the county’s effort to bring enhanced broadband service to the County. By issuing the RFP, Mr. Freddoso said Person County seeks to develop the next- generation broadband infrastructure needed to meet the technological needs of current and future businesses, public institutions, educations institutions, and local residents. Mr. Freddoso described the goals of this effort was 1) to reach underserved areas of the county with more and better broadband service, 2) to provide scalable broadband infrastructure along key business corridors in the County that will allow private sector service providers to offer enhanced services to business and consumers along these key economic development and relatively high density residential corridors and 3) to meet the broadband needs of the County and the City of Roxboro for the foreseeable future. Mr. Freddoso addressed inquiries from the Board related to federal grant funding to which he was very familiar. He said many times the grant funding assistance was driven by a private sector company that will come in and propose to provide services using the grant funding to assist in defraying their costs. Vice Chairman Kendrick asked for an option in the RFP for a design build where a company would design and install to potentially bundle services for a savings. Mr. Freddoso stated an option would be included in the RFP for vendors to respond with a design build and operate proposal. Vice Chairman Kendrick questioned right-of-way responsibility. Mr. Freddoso stated on county-owned property, the county would be responsible noting some of the routes coming off the major highways would require some negotiations with individual landowners. Vice Chairman Kendrick requested to have performance measures in the final contract. Mr. Freddoso noted the plans for moving forward was approximately 20% of the scoring and he suggested putting the timeline from the RFP proposal into the contract as well as penalties if not met. A motion was made by Vice Chairman Kendrick and carried 5-0 to issue the RFP as proposed with the additional changes as discussed. August 15, 2016 7 BOARD AND COMMITTEE APPOINTMENTS: Clerk to the Board, Brenda Reaves presented citizen applications for consideration for appointment received for current vacancies on county boards and committees. - Animal Services Advisory Committee Unspecified Term; A) Sheriff Jones requested a new representative for Person County Sheriff’s Department: Benjamin D. Massey, Deputy Sheriff/K-9 Officer B) Animal Services Director, Ron Shaw requested Animal Services Officer, Bobby Mangum serve as the Animal Cruelty Investigator representative. - Workforce Development Board 2-Year Reappointment; 1 position available representing adult education, Debra Harlow, Dean, Adult Basic Skills Program at PCC requested reappointment. A motion was made by Commissioner Clayton and carried 5-0 to appoint Deputy Sheriff/K-9 Officer, Benjamin D. Massey as the Sheriff’s Office designated representative, and to appoint Animal Services Officer, Bobby Mangum as the Animal Cruelty Investigator representative on the Animal Services Advisory Committee, as well as to reappoint Debra Harlow to the Workforce Development Board representing adult education for a 2-year term. CHAIRMAN’S REPORT: Chairman Newell had no report. MANAGER’S REPORT: County Manager, Heidi York report the Economic Development Commission would be meeting on August 18, 2016 at 8:00am at the Tax Office Conference Room. COMMISSIONER REPORT/COMMENTS: Commissioner Clayton asked what information would be released to the public related to the Solid Waste public announcement. Chairman Newell stated the information was considered public record and asked the County Manager when the documents related to the public hearing would be available. County Manager, Heidi York stated the public hearing notice was ready and would appear as a legal ad in the newspaper on August 17, 2016. Chairman Newell asked Ms. York to share a copy of the details of the negotiations with both Ms. Frances Blalock and Ms. Betty Blalock. August 15, 2016 8 Commissioner Jeffers reported the County has over 94 children in foster care noting the need for individuals to apply at the Department of Social Services to assist in fostering children. Commissioner Jeffers stated an increase in substance abuse cases and child protection services cases. Commissioner Puryear had no report. Vice Chairman Kendrick announced a two upcoming forums on Aging, both to the held at the Senior Center. The first forum will be held on August 16, 2016 at 10:30am and the second forum will be held on September 22, 2016 at 6:00pm. Person County Senior Center Director, Maynell Harper noted the forums are a part of the 5-year aging services plan for the County in coordination with the Kerr Tar Area Agency on Aging. CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) at 10:00am for the purpose to consider the acquisition or lease of real property with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves and Person County Senior Center Director, Maynell Harper. Chairman Newell called the Closed Session to order at 10:04am. A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open session at 10:31am. ADJOURNMENT: A motion was made by Vice Chairman Kendrick and carried 5-0 to adjourn the meeting at 10:31am. _____________________________ ______________________________ Brenda B. Reaves David Newell, Sr. Clerk to the Board Chairman