BOC Minutes September 19 2016approve
September 19, 2016
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 19, 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, September 19, 2016 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Clayton gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Newell requested an additional Closed Session be added to the agenda
to consult with the attorney.
A motion was made by Vice Chairman Kendrick and carried 5-0 to add the
requested Closed Session to the agenda and to approve the agenda as adjusted.
RECOGNITION:
RESOLUTIONS OF APPRECIATION:
Chairman Newell read and presented a Resolution of Appreciation to Person
County Retiree, Cynthia Petty.
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A PROCLAMATION FOR THE AMERICAN CANCER SOCIETY’S RELAY FOR
LIFE OF PERSON COUNTY:
Chairman Newell read and presented to Ms. Michelle Nance and Ms. Carmen
Carden a Proclamation for the American Cancer Society’s Relay for Life of Person County.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont illustrated how Orange and
Durham Counties partnered to protect a large significant ecological area, now known as
the Little River Park, noting she felt the citizens residing in the eastern part of the County,
near the landfill, were deemed insignificant.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Budget Amendment #6, and
B. Tax Adjustments for the month of September 2016
a. Tax Releases
b. NC Vehicle Tax System pending refunds
UNFINISHED BUSINESS:
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 recognized two members of the Environmental Issues
Advisory Committee, present in the audience, Ms. Frances Blalock and Ms. Sandy
Pleasants.
Commissioner Jeffers presented and read each of the four resolutions that the
Environmental Issues Advisory Committee requested the Board of Commissioners’
consideration 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
A motion was made by Vice Chairman Kendrick and carried 3-2 to table the
Board’s consideration on the four resolutions presented. Chairman Newell, Vice Chairman
Kendrick and Commissioner Puryear voted in support of the motion. Commissioners
Clayton and Jeffers voted in opposition to the motion.
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NEW BUSINESS:
MT. TIRZAH STORMWATER AGREEMENT:
Assistant County Manager, Sybil Tate stated the State of NC will meet the threshold
for the stormwater regulations with the construction of a public safety tower at Mt. Tirzah.
The disturbed area will be greater than 12,000 sq. ft., so the State will be required to
engineer and construct a stormwater BMP. Ms. Tate said the State was requesting the
County be responsible for maintaining and inspecting the BMP in perpetuity. Ms. Tate
noted that the stormwater funds will be used to pay for such maintenance, which could
include mowing, planting, and trash removal and inspections.
A motion was made by Vice Chairman Kendrick and carried 5-0 to approve the
County to be responsible for maintenance and inspections of the Mt. Tirzah public safety
tower BMP.
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FIRE AND RESCUE AUDIT PROPOSALS:
Finance Director, Amy Wehrenberg informed the Board that as allowed under the
current terms of the special purpose audit proposal for the fire and rescue agencies, the
County has negotiated with the current contracted auditor, Winston, Williams, Creech &
Evans (WWCE) to provide audit services for FY2016 to eight volunteer fire departments.
Please note that their proposal does not incorporate Woodsdale Volunteer Fire Department
for which they had to exclude due to having a staff member that recently performed some
financial services for this agency, disqualifying their firm from being able to offer an
independent opinion of Woodsdale’s audit for FY2016. WWCE’s estimated cost per
agency was offered at $2,750 per report, which was the same amount they charged for the
recently published FY2014 fire and rescue audits. Due to the independent opinion issue
with Woodsdale, Person County submitted a request for proposal and received one from
William L. Stark and Company located in Henderson, NC who has offered to provide the
requested services for Woodsdale Volunteer Fire Department at a cost of $2,950, slightly
above the estimate from WWCE. Ms. Wehrenberg recommended that should both
proposals be approved, that the total cost of $24,950 be appropriated from fund balance to
the contracted services line item in Governing Body, where the previous fire and rescue
audit contracts were previously expensed.
Ms. Wehrenberg requested the Board to approve both audit proposals and funding
as presented for the nine volunteer fire and rescue departments.
Commissioner Jeffers asked why the funding was recommended from fund balance
and not the undesignated contingency to which staff replied their preference to hold the
undesignated contingency for unplanned emergency use for the remainder of the fiscal
year.
Commissioner Jeffers noted the volunteer fire and rescue departments felt rushed
during the last audit to provide the requested materials. Ms. Wehrenberg agreed the last
audit had a short turnaround for the auditors to complete the work but noted the FY2016
audit would allow more time noting they would have up to April 30, 2017 to provide the
requested information to the auditors.
A motion was made by Commissioner Jeffers and carried 5-0 to approve both
audit proposals and the funding source as presented.
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REVIEW OF THE COUNTY’S REVOLVING LOAN FUND PROGRAM:
The Person County Revolving Loan Fund Program was established to support and
promote economic development of small businesses in the County. County Manager, Heidi
York stated the Board, at its August 15, 2016 meeting, approved an application for a
business loan in the amount of $50,000 at an interest rate of 1.75% (one-half of prime) for
a ten-year term. Prior to that, two other loans were granted and successfully repaid. By
action of the Board on August 15, 2016, the County Manager was instructed to review the
Loan Program and bring back recommended updates and revisions.
Ms. York noted that staff has gathered materials from other jurisdictions that offer
a similar small business loan program. A summary review of that information follows:
Franklin County:
Program is managed by their Economic Development Commission and their
Committee of 100
Amounts: maximum loan of $99,000 and a minimum of $20,000
Terms: depends on the use of the funds- Fixed Assets (10 years); Equipment (3-5
years); and Working Capital (1-3 years)
Rates: maximum of prime rate with a minimum rate of 4%
Orange County:
Amounts: maximum of $50,000 and minimum of $5,000
Terms: maximum term is 5 years (except 7 years for the purchase or improvement
of real estate)
Rates: rate is based on the length of the loan term:
a. Up to 2 years Prime plus 2%
b. 2 up to 3 years Prime plus 2.25%
c. 3 up to 4 years Prime plus 2.5%
d. 4 up to 7 years Prime plus 3%
Roseboro, NC:
Program was recently revised in August of 2016
Amounts: maximum of $25,000 and minimum of $5,000
Terms: depends on the use of funds (same as Franklin County above). All loans
will not exceed 60 months
Rates: maximum of prime rate with a minimum rate of 4%
Kerr Tar Regional Council of Governments (COG):
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Program serves the five counties in the Kerr-Tar region, plan reviewed every 5
years
Amounts: maximum of $200,000 or 75% of the total project cost, whichever is
lesser; minimum of $25,000
Terms: based on purpose and collateral offered:
a. land & building: 15 years
b. machinery & equipment: 10 years new, 7 years used
c. capital: 5 years
Rates: minimum is 4% or 75% of prime
Ms. York told that Board that based on a review of the information gathered, Person
County’s current interest rate which is half of prime was not competitive and suggested
setting a minimum rate and a maximum rate which was the norm.
Commissioner Clayton commented the COG’s program was reviewed by a bank
prior to being presented to the COG Board noting the COG small business program was
available to all COG regional member counties and municipalities. Ms. York added that
the COG reviews its program every five years to maintain competitive rates and terms.
Ms. York stated the Board did have some room related to the language for the
County’s Revolving Loan Fund Program interest rates and read “the interest rate shall be
set at no less than 50% of prime” and that the practice has been that the loans were set at
50% of prime.
Vice Chairman Kendrick stated that in light of the COG program being available
with dedicated staff to work on the small business applications, he opened discussion
related to his preference to referring Person County residents to use the COG program.
A motion was made by Vice Chairman Kendrick to refer small business loan
applicants to utilize the Kerr Tar Reginal Council of Governments for small business loans
in place of the County’s Revolving Loan Fund Program.
County Attorney, Ron Aycock summarized that the Board could 1) repeal the
County’s Revolving Loan Fund Program or 2) place priority for small business loan
applicants to use the Kerr Tar Council of Government’s loan program before using Person
County’s program.
Commissioner Jeffers voiced concern and opposition to repealing the County’s
Revolving Loan Program.
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An amended motion was made by Vice Chairman Kendrick and carried 5-0 to
refer small business loan applicants to utilize the Kerr Tar Regional Council of
Governments loan program as a first resort, and if no other options are available, then the
Person County’s Revolving Loan Fund Program which would be modified to the same
outline criteria as Kerr Tar Regional Council of Government with the exception that the
maximum amount of a loan would be $100,000. Person County’s Revolving Loan Fund
program criteria to be as follows:
Amounts: maximum of $100,000 or 75% of the total project cost, whichever is
lesser; minimum of $25,000
Terms: based on purpose and collateral offered:
a. land & building: 15 years
b. machinery & equipment: 10 years for new; 7 years for used
c. capital: 5 years
Rates: minimum is 4% or 75% of prime
It was the consensus of the Board to authorize the County Attorney and staff to fine
tune the language of the County’s Revolving Loan Fund Program and to bring back to the
Board for review.
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CHAIRMAN’S REPORT:
Chairman Newell reported the following:
A special event to mark the completion of the Hall’s Way project on Thursday,
September 22, 2016 included a ribbon cutting at 5:30pm with Business After Hours
to follow at 44 Gordon Street.
A ribbon cutting to commemorate the opening of Person County’s Veterans Park
on Saturday, September 24, 2016 at 10:00am. The park is located next to the
Person County Office Building.
MANAGER’S REPORT:
County Manager, Heidi York reported the following:
Reminded everyone that the public hearing that was scheduled for this date to be
held at 7:00pm was cancelled by action of the Board on September 6, 2016.
A commissioner representative has been requested by Telamon to serve on its
Community Services Block Grant board which will meet quarterly.
Due to fuel shortage, Shell Quality Mart indicated that the County has a ‘back-up’
plan with them in the event that they have a prolonged shortage of regular gas and
are holding 3,500 gallons of that fuel in reserve for County/City fleets.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported the NC Dept. of Transportation Litter Sweep
Program was scheduled for September 17 – October 1, 2016.
Commissioner Jeffers asked Ms. Michelle Nance if she had any comments related
to the Proclamation for the American Cancer Society’s Relay for Life of Person County to
which she thanked the Board for its recognition and noted Commissioner Jeffers would be
serving as one of the judges in the “Paint Your County Purple” campaign.
There were no reports from Commissioner Clayton, Commissioner Puryear nor
Vice Chairman Kendrick.
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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 9:33am 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 County Attorney,
Ron Aycock.
A motion was made by Chairman Newell and carried 5-0 to return to open session
at 9:41am.
A motion was made by Commissioner Puryear and carried 5-0 to instruct the
County Manager, on behalf of the County, to request a variance by application for a
conditional use permit with the City of Roxboro’s Board of Adjustment for authorization
of a use of the Total Fitness property as a senior center.
CLOSED SESSION #2
A motion was made by Chairman Newell and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(3) for the purpose to consult with the county
attorney at 9:42am with the following individuals permitted to attend: County Attorney,
Ron Aycock, County Manager, Heidi York, and Clerk to the Board, Brenda Reaves.
A motion was made by Vice Chairman Kendrick and carried 5-0 to return to open
session at 10:15am.
Vice Chairman Kendrick shared with the group an innovative company, known as
Organic Transit, may be considering location in Person County. Organic Transit
manufactures an electric version of a bicycle that has no emissions. Vice Chairman
Kendrick encourage his fellow commissioners to contact the company as a show of
support.
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ADJOURNMENT:
A motion was made by Vice Chairman Kendrick and carried 5-0 to adjourn the
meeting at 10:17am.
_____________________________ ______________________________
Brenda B. Reaves David Newell, Sr.
Clerk to the Board Chairman