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BOC Minutes July 18 2016 approve July 18, 2016 1 PERSON COUNTY BOARD OF COMMISSIONERS JULY 18, 2016 MEMBERS PRESENT OTHERS PRESENT David Newell, Sr. Heidi York, County Manager Tracey L. Kendrick 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, July 18, 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. Chairman Newell asked Mr. Fred McClure, Davidson County Commissioner, and President Elect to the NC Association of County Commissioners Board of Directors and Treasurer for the US Motto Action Committee to lead the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Newell requested the addition of two items to the agenda: 1) Revolving Loan Fund discussion, and 2) a potential YMCA Market Study. A motion was made by Commissioner Jeffers and carried 5-0 to add the Revolving Loan Fund discussion and a potential YMCA Market Study to the agenda and to approve the agenda as adjusted. RECOGNITION: RESOLUTION OF APPRECIATION: Chairman Newell read and presented a Resolution of Appreciation to Person County retiree, Reed Marston. July 18, 2016 2 July 18, 2016 3 PUBLIC HEARING: AN AMENDMENT TO PERSON COUNTY’S AMBULANCE FRANCHISE ORDINANCE: A motion was made by Vice Chairman Kendrick and carried 5-0 to open the duly advertised public hearing for consideration to amend Person County’s Ambulance Franchise Ordinance. Douglas Young, Director of Emergency Services presented to the Board the proposed amendments to the Person County Ambulance Franchise Ordinance noting the most significant change provided that a franchise be granted to one or more franchisees and that each have a toll free number available for incoming calls at all times. Mr. Young recommended the Board to consider adoption of said amendments. There was no one appearing before the Board to speak in favor or in opposition to the proposed amendments to Person County’s Ambulance Franchise Ordinance. A motion was made by Commissioner Jeffers and carried 5-0 to close the public hearing for proposed amendments Person County’s Ambulance Franchise Ordinance. CONSIDERATION TO APPROVE AN AMENDMENT TO PERSON COUNTY’S AMBULANCE FRANCHISE ORDINANCE: A motion was made by Commissioner Puryear and carried 5-0 to approve the proposed amendments and to adopt Person County’s Ambulance Franchise Ordinance as presented. July 18, 2016 4 July 18, 2016 5 July 18, 2016 6 July 18, 2016 7 July 18, 2016 8 July 18, 2016 9 July 18, 2016 10 July 18, 2016 11 July 18, 2016 12 July 18, 2016 13 July 18, 2016 14 July 18, 2016 15 July 18, 2016 16 July 18, 2016 17 July 18, 2016 18 July 18, 2016 19 PUBLIC HEARING: REQUEST BY WHITT TOWN SOLAR LLC FOR A SPECIAL USE PERMIT FOR A SOLAR FARM (ELECTRICAL GENERATING FACILITY) ON WHITT TOWN ROAD, ROXBORO TOWNSHIP, TAX MAP 104 PARCEL 4: A motion was made by Commissioner Jeffers and carried 5-0 to open the duly advertised public hearing for a Request by Whitt Town Solar LLC for a Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4. The public hearing set to hear a request by Whitt Town Solar LLC for a Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4 required a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject to cross examination, no ex parte communication and requires findings of fact. Chairman Newell administered the Oath of Sworn Testimony to the following individuals who would offer testimony during the public hearing: Michael Ciriello, Shane Shields, David York, and Richard Kirkland Planning Director, Mike Ciriello stated the County has received an application from Whitt Town Solar LLC for a solar energy generator on Whitt Town Road. The company plans to lease the 43.4 acre tract. Electrical Generating Facilities are allowed with a Special Use Permit in the Rural Conservation District. Mr. Ciriello stated the site plan shows the proposed solar panels, six inverters and access to the site. The solar farm will contain rows of Photovoltaic (PV) cell panels mounted on posts set in the ground individually. The plans show approximately 21,660 solar panels manufactured by Canadian Solar (model: 6X-300P). Each panel has a 300 watt capacity. The power is then sold through a Power Purchase Agreement to Duke Energy Progress. This site is not equipped to store power and does not involve known hazardous materials. Mr. Ciriello stated the site will not require a well or septic system as the use will be unmanned and only visited periodically for routine maintenance. Mr. Ciriello noted the Person County Land Use Plan’s “Future Land Use Map” shows this area as Suburban Residential. It is defined as Residential land uses including subdivisions and manufactured home parks at densities of 1-3 dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Locational criteria for non-residential uses within this land use category would include frontage and access to a major State highway or secondary road, proximity to similar uses and spatial separation from non-compatible uses such as existing residential development. Land uses within this category could develop with or without public sewer. July 18, 2016 20 The plans show a thirty foot access to the site off of Whitt Town Road as required by the Zoning Ordinance. The Ordinance also requires that travel ways and driveways to be paved which includes a turnaround for emergency vehicles; a driveway permit will have to be obtained from NCDOT. A six foot chain link fence with barbed wire will enclose the facility. The plans show a possible stream crossing; there could be an impact on the existing wetlands on the site. Whitt Town Solar LLC was in the process of applying for a jurisdictional determination which will determine the exact location of any wetlands. A Nationwide Permit from the United States Army Corps of Engineers will be required for the stream crossing. Mr. Ciriello stated that should the Board of Commissioners decide to grant approval of the Special Use Permit, the following conditions are recommended by the Planning Board to be included: 1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be given to Planning and Zoning prior to issuance of a zoning permit. 2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the approved plan and approval letter to be given to Planning and Zoning prior to issuance of Zoning Permit. 3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a Certificate of Occupancy. 4. Access to the site to be minimum of 20 feet in width, parking to accommodate two vehicles (each 9’ x 18”) and turnaround minimum of seventy feet (driving surface) for emergency vehicles. 5. Applicant to obtain all Federal, State and Local permits that are required. 6. Applicant to meet all conditions of the Person County Zoning Ordinance. 7. Applicant will need to obtain a Zoning Permit and Building Permit from Person County prior to any construction. Mr. Ciriello advised the Board of Commissioner to address the Findings of Fact in Section 74-4 of the Zoning Ordinance and whether the plan is in keeping with the comprehensive plan. Mr. Ciriello stated the Planning Board held a Public Hearing on June 9, 2016 and voted 6 to 0 to recommend approval of the Special Use Permit with the recommended conditions and that it met the Findings of Fact and that it was in keeping with the Comprehensive Plan. July 18, 2016 21 The following individuals appeared before the Board of Commissioners to speak in favor of the Request by Whitt Town Solar LLC for a Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4: Mr. Shane Shields of 601 W. Main Street, Carrboro and the Zoning Manager of Development for Cypress Creek Renewables, LLC and its subsidiary, Whitt Town Solar, LLC noted his availability for questions during the public hearing. Mr. David York of Smithmoore Leatherwood, Attorneys at Law of 434 Fayetteville Street, Suite 2800, Raleigh, representing Cypress Creek Renewables, LLC and its subsidiary, Whitt Town Solar, LLC, the applicant for the Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4, distributed to the Board of Commissioners with an original copy to the Clerk to the Board, documents including the Special Use Application, Affidavit of Richard Kirkland, Jr., MAI, and Solar Impact Study, an Affidavit of Shane Shields and the Site Plan. Mr. Richard Kirkland of 9408 Northfield Court, Raleigh and a State Certified General Appraiser stated his availability for questions during the public hearing. There were no individuals appearing to speak in opposition to the Request by Whitt Town Solar LLC for a Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4. A motion was made by Commissioner Jeffers and carried 5-0 to close the public hearing for a Request by Whitt Town Solar LLC for a Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4. July 18, 2016 22 CONSIDERATION TO GRANT OR DENY REQUEST BY WHITT TOWN SOLAR LLC FOR A SPECIAL USE PERMIT FOR A SOLAR FARM (ELECTRICAL GENERATING FACILITY) ON WHITT TOWN ROAD, ROXBORO TOWNSHIP, TAX MAP 104 PARCEL 4: A motion was made by Vice Chairman Kendrick and carried 5-0 to approve the Request by Whitt Town Solar LLC for a Special Use Permit for a solar farm (electrical generating facility) on Whitt Town Road, Roxboro Township, Tax Map 104 Parcel 4 with the recommended conditions (as listed below) noting that the request meets the Findings of Fact and that it was in keeping with the Comprehensive Plan. Conditions included: 1. Applicant to obtain a driveway permit from NCDOT. A copy of the permit to be given to Planning and Zoning prior to issuance of a zoning permit. 2. Applicant to obtain Erosion and Sedimentation Control Plan. A copy of the approved plan and approval letter to be given to Planning and Zoning prior to issuance of Zoning Permit. 3. A final “as built” to be submitted to Planning and Zoning prior to issuance of a Certificate of Occupancy. 4. Access to the site to be minimum of 20 feet in width, parking to accommodate two vehicles (each 9’ x 18”) and turnaround minimum of seventy feet (driving surface) for emergency vehicles. 5. Applicant to obtain all Federal, State and Local permits that are required. 6. Applicant to meet all conditions of the Person County Zoning Ordinance. 7. Applicant will need to obtain a Zoning Permit and Building Permit from Person County prior to any construction. INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont stated that even as the local newspaper threatened the people of Mt. Tirzah, the Mt. Tirzah community cared about the people residing in northern Person County. Ms. Blalock showed examples of items she buys and uses to recycle noting she recycles approximately 95 percent of her household. July 18, 2016 23 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice Chairman Kendrick and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of June 7, 2016, B. Approval of Minutes of June 20, 2016, C. Budget Amendment #1, D. Budget Amendment CIP, E. EMS Operational Medical Director Contract, F. Consideration to change the Board of Commissioners regular scheduled meeting time of the September 6, 2016 from 7:00pm to 9:00am, G. Request for temporary road closure of Glenn Fogleman Road, H. Funding Allocation Correction for Person County JCPC FY 2016-2017, I. Fire and Rescue Corrective Action Responses, J. DSS Attorney Contracts for legal services, K. Tax Adjustments for the month of July 2016, a. Tax Releases, and b. NC Vehicle Tax System pending refunds July 18, 2016 24 NEW BUSINESS: A RESOLUTION TO GRANT AN ADVANCE LIFE SUPPORT SERVICE AMBULANCE FRANCHISE TO NORTH STATE MEDICAL TRANSPORTS, INC., AND A RESOLUTION TO GRANT BASIC LIFE SUPPORT SERVICE AMBULANCE FRANCHISE TO REGIONAL ONE, INC.: Emergency Services Director, Douglas Young stated the Department of Emergency Services received two applications to be considered for an ambulance service franchise. The Emergency Services Director and EMS Staff reviewed the applications presented and each applicant was requested to provide a presentation of services offered. Each applicant demonstrated that they were qualified to provide the needed services as deemed necessary by the Emergency Services Department in which Mr. Young recommended the Board of Commissioners to grant an Advance Life Support Service Ambulance Franchise to North State Medical Transports, Inc. of Raleigh, North Carolina and to grant a Basic Life Support Service Ambulance Franchise to Regional One, Inc. of Danville, Virginia. The two private ambulance companies will provide non-emergency convalescent transport to and from the hospital, nursing homes, doctors’ offices, the dialysis center and patients’ homes. Emergency transports will continue to be provided by Person County EMS. Mr. Young noted the franchisees, could as a part of their contract, be called on to provide mutual aid in emergency situations. Mr. Young further noted that both franchise holders are required to have at least two ambulances for use in Person County at all times; they will be dispatched by calling the response office toll free number. Both franchisees are required to operate a central business and response office within a reasonable distance of Person County and are not required to be based in Person County. Mr. Young stated Regional One of Danville is approximately 40-minutes from Person County and North State Medical Transports is located approximately 55-minutes from Person County noting both plan on being much closer during peak times in the day. Mr. Young confirmed that other ambulance service providers could apply to operate in the county with the adoption of the amended Ambulance Franchise Ordinance. Mr. Young presented the Board with two resolutions for consideration for adoption: A Resolution to grant an Advance Life Support Service Ambulance Franchise to North State Medical Transports, Inc. and a Resolution to grant Basic Life Support Service Ambulance Franchise to Regional One, Inc. A motion was made by Commissioner Puryear and carried 5-0 to adopt a Resolution to grant an Advance Life Support Service Ambulance Franchise to North State Medical Transports, Inc. and a Resolution to grant Basic Life Support Service Ambulance Franchise to Regional One, Inc. July 18, 2016 25 July 18, 2016 26 July 18, 2016 27 July 18, 2016 28 July 18, 2016 29 July 18, 2016 30 ***** July 18, 2016 31 July 18, 2016 32 July 18, 2016 33 July 18, 2016 34 July 18, 2016 35 July 18, 2016 36 July 18, 2016 37 PERSON COUNTY ENVIRONMENTAL ISSUES ADVISORY COMMITTEE RECOMMENDATIONS AND REQUEST FOR THE BOARD OF COMMISSIONERS TO ADOPT A RESOLUTION FOR IMPROVING ROADSIDE CLEANUP IN PERSON COUNTY, A RESOLUTION FOR EDUCATION AND ACTION ON RECYCLE MATERIALS, A RESOLUTION TO RE-STIMULATE THE ADOPT A HIGHWAY PROGRAM AND A RESOLUTION FOR COUNTY-WIDE MANDATORY RECYCLING: Commissioner Jeffers, commissioner representative on the Environmental Issues Advisory Committee called on Mr. Jason Torian, Allensville Township representative on the Committee to address the recommendations brought forward to the Board of Commissioners. Mr. Torian presented the following recommendations along with the above noted resolutions for review and action as deemed appropriate by the Board of Commissioners:  Increase Person County Solid Waste user fees by $5 per year to fund litter pick-up and removal. Alternatively, obtain grant funding from a foundation. Modest fee increase or grant funding covers operational expenses of hiring part time employees to pick up litter - bagging trash and recyclables separately.  Greater enforcement of existing litter and recycling laws.  Continue with prison crews picking up litter.  Assign citizens who have been court ordered to perform community service to pick up litter. Community Service Supervisor to coordinate with county for assignments.  Increase awareness and encourage citizen groups to participate in the Adopt-A- Highway program.  Place high resolution portable roadside cameras in areas frequently littered to identify and prosecute offenders throughout Person County.  Education campaign: Encourage schools to set up and participate in recycling. Increase awareness of the harmful effects of litter. EIAC to be a resource to support the creation of environmental clubs and work with Parent-Teacher Associations in each school for implementation and fund-raising. Mr. Torian distributed to the Board of Commissioners a list of the items currently banned by state law to be disposed of in a landfill. Chairman Newell asked Mr. Torian on how to enforce the Committee’s recommendations for road side litter and recycling. Mr. Torian noted more research would be needed by the county, noting enforcement is currently allowed when the trash and recycling is picked up by a carrier but not when resident dumps at the landfill. Commissioner Jeffers inquired about recent legislation introduced to allow electronics back into landfills. County Attorney, Ron Aycock noted that legislation was passed and mandatory to not require separation of materials. July 18, 2016 38 Commissioner Jeffers stated he would work with the County Manager to further review and update the Board. Should there be any items that can be accomplished, Commissioner Jeffers suggested to bring the resolution(s) back to the Board at a future meeting. REQUEST BY THE U.S. MOTTO ACTION COMMITTEE FOR THE BOARD OF COMMISSIONERS TO ADOPT A RESOLUTION SUPPORTING THE DISPLAY OF THE NATIONAL MOTTO “IN GOD WE TRUST” IN PROMINENT LOCATIONS: Chairman Newell introduced Mr. Fred McClure, Treasurer of the US Motto Action Committee. Mr. McClure requested the Board of Commissioners to join 44 other NC Counties and 34 NC City Halls that have adopted a resolution to display our Nation’s Motto, “In God We Trust” in prominent locations in the county. The locations Mr. McClure suggested in Person County was over the front entrance of the Courthouse, the exterior of the Morgan Street entrance of the County Office Building, and inside of the Board of Commissioners meeting room 215 in the County Office Building. Mr. McClure told the group that supporting the display of the National Motto was legal and that there would be no cost to the county. Mr. McClure confirmed that the U.S. Motto Action Committee would do all installation and would fund all costs associated with adding the display to the government buildings. Mr. McClure requested Board consideration to adopt a resolution to display “In God We Trust” over the entrance of the Person County Courthouse, exterior of the County Office Building facing Morgan Street, and/or Commissioners Chambers. The Board of Commissioners asked Mr. McClure if this National Motto could be added to the Person Veterans Park. Mr. McClure stated he would take that request back to the U.S. Motto Action Committee and that if the Committee approved, it would be included as one of the prominent locations in Person County. A motion was made by Commissioner Puryear and carried 5-0 to adopt a Resolution Supporting the Display of the National Motto “In God We Trust” in the following prominent location(s): over the front door entrance of the Person County Courthouse, on the exterior of the County Office Building facing Morgan Street, inside the Board of Commissioners usual meeting room 215 in the County Office Building, and if possible, the Person County Veterans Park. July 18, 2016 39 July 18, 2016 40 RESOLUTION APPROVING A PURCHASE OF 911 COMPUTER AIDED DISPATCH SYSTEM PURSUANT TO GENERAL STATUTE 143-129(G) PIGGYBACK EXCEPTION: Douglas Young, Emergency Services Director and Brett Wrenn, 911 Communications Manager stated the current 911 Computer Aided Dispatch (CAD) system has been in place since 1996. During this time and most recently there have been several improvements to technology within the 911 Center and additional feature functionalities are needed. These needs include Text to 911 CAD integration, CAD2CAD interoperability with bordering counties, and mobile CAD deployment. Mr. Young sought approval from the Board of Commissioners through a piggyback procurement method to purchase the SunGard Public Sector, LLC, CAD product for Department’s 911 center at a savings and which has been approved by the NC 911 Board to be fully funded with State 911 funds. A public announcement was required to be advertised of our 911 CAD piggyback procurement which took place in the July 6, 2016 edition of the local newspaper. A motion was made by Commissioner Jeffers and carried 5-0 to adopt a Resolution Approving a Purchase of 911 Computer Aided Dispatch System pursuant to General Statute 143-129(g) Piggyback Exception July 18, 2016 41 The Software License and Services Agreement between SunGard Public Sector LLC and Person County is hereby incorporated into the minutes by reference and will be filed in the Office of the Clerk to the Board. July 18, 2016 42 TAX COLLECTOR SETTLEMENT: Russell Jones, Tax Administrator told the Board that General Statute 105- 373(a)(3) requires an annual settlement for taxes for the current fiscal year and all previous years be made with the governing body of the taxing unit. Mr. Jones presented the following 2015 Tax Collector Settlement. July 18, 2016 43 July 18, 2016 44 July 18, 2016 45 July 18, 2016 46 July 18, 2016 47 A motion was made by Commissioner Jeffers and carried 5-0 to accept the 2015 Tax Collector Settlement as presented. The Board commended Mr. Jones and his staff for attaining the 2nd highest collection rate in NC for the population group. July 18, 2016 48 ORDER TO COLLECT TAXES: Russell Jones, Tax Administrator noted that as required by General Statute 105- 321, the governing board of the taxing unit must issue an order of collection to tax collectors. This action gives the tax collector legal authority to collect taxes. A motion was made by Commissioner Clayton and carried 5-0 to direct the Tax Collector to collect taxes for 2006-2016. July 18, 2016 49 ROCK ATHLETIC COMPLEX OUTFIELD RENOVATION AND IRRIGATION OPTIONS: County Manager, Heidi York stated Chairman Newell had requested staff to review options for upgrading the irrigation system at the Rock Athletic Complex to ensure success in the turf maintenance. Ms. York noted the original plan for water reel irrigation was in the budget at approximately $8,000. John Hill, Director of Recreation, Arts, and Parks Department stated the Rock Athletic Complex was currently closed for summer/fall renovations and turf maintenance. Mr. Hill said the original plan to plant common Bermuda and let it germinate and then grow throughout the months of July through October required temporary irrigation currently in place to the outfield portions of each ball field. This process requires monitoring of the daily rainfall and management of the temporary sprinklers as necessary using part-time staff. Mr. Hill presented the Board with other irrigation options that would upgrade the existing irrigation system: A) Install a fully automatic irrigations system to all ball fields and sprig plant Bermuda 419 to all outfields. Currently all ball fields have been sodded and are established with Bermuda 419. This option would cost $115,800. B) Purchase portable water reels and plant sprig Bermuda 419 on all outfield at an approximate cost of $29,100. Mr. Hill noted any irrigation upgrade has a number of different possible funding sources which include any left-over project funds from CIP projects, potential PARTF grant award, and sponsorships. Mr. Hill reviewed the following timeline for the Rock Athletic Complex including athletic programming and turf maintenance as follows: o Present date to late September: continue to improve ball field turf and renovations to supporting facilities. Early September: plant hybrid rye grass on the outfields. o Late September- Late October: play fall baseball season. o November: Install any new irrigation upgrade and replant trenched areas with hybrid rye grass or, continue to use current irrigation process and plant hybrid rye grass. o April 1, 2017: Opening Day for Spring Little League. o End of May/Early June: Prime Growing Season - plant sprig Bermuda 419 on the outfields or go with original plan and plan seeded common Bermuda. o June- Mid September: Growing Season o Late September 2017: Little League Fall Season and possible travel tournament host opportunities July 18, 2016 50 Given the timeline as described by Mr. Hill that should any new irrigation upgrade option be selected, that installation would not be recommended to occur until after the Fall 2016 season or following the Spring 2017 season, the Board opted to review the needs at a later time allowing the CIP project funds, the PARTF grant award and/or any sponsorships to become evident. REVIEW THE REQUEST FOR PROPOSALS FOR COUNTY EMPLOYEE BENEFITS BROKERS: County Manager, Heidi York stated the Board of Commissioners directed the County Manager to develop a Request for Proposals (RFP) for the administration of the County’s self-funded health insurance plan which renews every year on July 1. Ms. York presented to the Board a RFP for review and feedback noting this RFP does not indicate any dissatisfaction with our current services, plans, brokers, or providers. Rather, this process will ensure that our employees are continually offered the best benefit services and products available while maintaining fiscal responsibility through a transparent process. While developing the RFP, staff studied the processes that other counties have used to secure their benefit providers. This RFP combines the elements that are needed for Person County Government and takes into account best practices across the State. Ms. York noted that staff also evaluated the possibility of bringing the benefit administration service in-house, but due to the comprehensive needs of a self-funded health insurance system, this would not be cost effective. Ms. York stated a selection committee can be formed to evaluate the proposals received with a recommendation brought back to the Board of Commissioners. The RFP will remain active for the month of August with a recommendation for a contract to be brought back to the Board by October 2016. Commissioner Jeffers asked Ms. York about soliciting health plans that include local providers noting he had been contacted by staff to say the current year health benefits did not have some of previous providers in the network. Ms. York recommended the Board to let staff who contact them to carry their questions to the Human Resources Department for follow up with the County’s Brokers to possibly adjust noting some providers may be added to the existing network. Vice Chairman Kendrick asked what would be included in the RFP to which Ms. York confirmed staff was seeking a comprehensive broker to compare health care costs, services, administer the Affordable Care Act, including wellness and to conduct open enrollment. July 18, 2016 51 Ms. York asked for feedback related to a selection committee, i.e., if the Board would like to review each response to the RFP, or have the top 3 responses as evaluated by the committee and if any there should be any commissioner reps on the committee. It was the consensus of the Board that Chairman Newell and Commissioner Clayton participate with the selection committee along with staff to determine the top 3 responses. A motion was made by Commissioner Clayton and carried 5-0 to release the RFP as presented with the top 3 responses brought back to the Board for Person County Benefits Broker. DESIGNATION OF VOTING DELEGATE TO NC ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE: Voting Credentials for the 2016 North Carolina Association of County Commissioners (NCACC) Annual Conference scheduled on August 11-14, 2016 in Forsyth County must be submitted by August 5, 2016 in order for Person County’s delegate to participate in the association’s annual election of officers and policy adoption. Chairman Newell requested the Board to designate a commissioner attending the Conference as Person County’s delegate. Commissioners Clayton and Jeffers both plan to attend the full conference. A motion was made by Commissioner Jeffers and carried 5-0 to designate Commissioner Clayton as Person County’s delegate at the 2016 NCACC Annual Conference in Forsyth County. REVOLVING LOAN FUND DISCUSSION: Chairman Newell stated this item was added to the agenda due to the County receiving an application. County Manager, Heidi York added that the Board cannot approve any loan in this program unless sufficient funds exist in the Revolving Loan Fund (RLF) account at the time of approval. Commissioner Jeffers noted he advocated for raiding the funds from the RLF for use toward the volunteer fire departments but his understanding was to continue the RLF program and fund accordingly upon receipt of any eligible small business applications. Commissioner Puryear stated opposition to penalize any small business owner for the fact that there were no funds in the RLF program account. Commissioners Clayton and Puryear asked the County Attorney to address if the RLF program was viable and if the program would be affected by any new federal regulations. County Attorney, Ron Aycock confirmed the Board of Commissioners were authorized to continue the RLF program and that the County was not subject to federal regulations but to the state authority for economic development. Mr. Aycock added that July 18, 2016 52 the criterion used to determine approval of any such loan application is a non- discriminatory approach applied uniformly. Vice Chairman Kendrick stated his understanding was that when the Board voted to use all the funding in the RLF account in its entirety that the fund was no longer viable. Vice Chairman Kendrick said this clarification which may have been an oversight at that time would have determined the future of the RLF without question. Vice Chairman Kendrick stated the RLF program policy noted the maximum amount of any one loan award shall be no more than forty percent of all money then available in the fund at the time of appropriation (Section 9 of the RLF program policy manual). Vice Chairman Kendrick suggested the Board determine if the RLF program is viable either to appropriate funding to continue the RLF program, or if not, to repeal the program. In addition, Vice Chairman Kendrick noted he was unfamiliar with the loan process including determination that an applicant would be viable and not a high risk. Commissioner Clayton stated the initial purpose of the RLF was to promote small businesses noting the last application was for Hurdle Mills Meat Market in which the loan was paid off early. Chairman Newell supported amending the RLF program policy to update, i.e. the minimum criteria when setting the terms for a loan such as the interest rate on each loan shall be set at no less than 50% of the prime rate. Commissioners Jeffers and Puryear advocated for honoring the program for which the current applicant applied and consider modifications to the program once a determination was made about the current application. Vice Chairman Kendrick noted that under the program by which the applicant made an application contained no funding. Ms. York confirmed that the applicant was told that there was currently no funding allocated to the RLF program. Commissioner Jeffers asked Ms. York the timeline for the review process. Ms. York noted she was working with Roxboro Savings Bank for their free of charge recommendation. Ms. York stated a public hearing was required with an advertised public notice including the County Manager’s funding recommendation of the application. A motion was made by Commissioner Puryear and carried 5-0 to allocate $100,000 from Fund Balance to the Revolving Loan Fund Program and to direct the County Manager to proceed with Roxboro Savings Bank’s recommendation to schedule a public hearing. July 18, 2016 53 A POTENTIAL YMCA MARKET STUDY: Chairman Newell stated he and Commissioner Jeffers have previously met with YMCA of Danville, Virginia. Chairman Newell noted the YMCA required a Market Study be completed to determine viable sites should the county be interested in providing a space, for the YMCA to run the programming. Chairman Newell added this concept does not necessarily take the place of the Senior Center however the YMCA does not desire to be in competition with the Senior Center. Chairman Newell said the County prefers to build one building, if proven to be sufficient, for both places. Commissioner Jeffers stated Currituck County partners with the Hampton Roads YMCA and houses a Senior Center, YMCA, Parks and Recreation, Rehab facility for their local hospital. Commissioner Jeffers noted it is a model that could work in Person County and the Market Study was the first step to see if feasible. Chairman Newell noted the Market Study would cost Person County $24,000 and take approximately three months to complete. Commissioner Clayton suggested the Board’s discussion in the planned Closed Session take place prior to the Board’s continued discussion on the YMCA Market Study. CHAIRMAN’S REPORT: Chairman Newell had no report. MANAGER’S REPORT: County Manager, Heidi York reported the Economic Development Commission would be holding their usual monthly meeting on July 21, 2016 at 8:00am. Ms. York reminded the Board that she would going on vacation. COMMISSIONER REPORT/COMMENTS: Commissioner Jeffers had no report. Commissioner Clayton reported he and Chairman Newell had met with the Brooks family related to construction of storage units and the impacts the storm water rules had on their project. Commissioner Clayton noted a discussion on this topic will be added to the next Board meeting agenda. Commissioner Clayton stated the Upper Neuse River Basin Association made a proposal to the NC Division of Environmental Management for a storm water credit for land placed in conservancy management to which was denied. Commissioner Puryear had no report. July 18, 2016 54 Vice Chairman Kendrick reported the Public Library has a new employee, Becky Schneider, a reference librarian that will serve the citizens through technology classes, research in local history and genealogy. Vice Chairman Kendrick encouraged citizens to use the library’s resources for technology based audio books and subscriptions. CLOSED SESSION #1 A motion was made by Vice Chairman Kendrick and carried 5-0 to enter Closed Session per General Statute 143-318.11(a)(5) at 10:52am 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, County Attorney, Ron Aycock, and Summer Intern, Ellis Johnson. Chairman Newell called the Closed Session to order at 10:58am. A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open session at 11:39am. Commissioner Puryear announced it was the desire of the Board to postpone the discussion related to the YMCA Market Study at this time. RECESS: A motion was made by Commissioner Puryear and carried 5-0 to recess the meeting at 11:40am until August 1, 2016 at 6:00pm at which time the Board will hold the informal interview process with applicants of three boards and committees. _____________________________ ______________________________ Brenda B. Reaves David Newell, Sr. Clerk to the Board Chairman