Agenda Packet June 4 2018PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
June 4, 2018
7:00pm
(Meeting to be held in the County Office Building Auditorium)
CALL TO ORDER………………………………………………. Chairman Kendrick
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1
Appropriation of County General Funds to Person County
Business and Industrial Center, Inc. to assist Project RE to
Locate in Person County with a financial grant incentive over a
10-year period at an estimated total cost of $850,000 ………………… Stuart Gilbert
ITEM #2
Consideration to Grant or Deny Request to Appropriate
Estimated $850,000 to Person County Business and Industrial
Center, Inc. to assist Project RE to locate in Person County ….. Chairman Kendrick
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PUBLIC HEARING:
ITEM #3
Request by the Person County Address Coordinator to add
Red Field Ln to the database of roadway names used for
E-911 dispatching ………………………………………………………... Sallie Vaughn
ITEM #4
Consideration to Grant or Deny Request by the Person County
Address Coordinator to add Red Field Ln to the database of
roadway names used for E-911 dispatching …………………… Chairman Kendrick
PUBLIC HEARING:
ITEM #5
Establishing the Person County Fire Protection
Service District ………………………………………………………….... Russell Jones
ITEM #6
Consideration to Adopt a Resolution Establishing the
Person County Fire Protection Service District …………………Chairman Kendrick
PUBLIC HEARING:
ITEM #7
Fiscal Year 2018-2019 Recommended Budget …………………. Chairman Kendrick
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10 minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
ITEM #8
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Approval of Minutes of May 21, 2018,
B. Budget Amendment #17,
C. NC Education Lottery Application for School Painting in the amount of
$145,000, and
D. Adoption of Uniform Guidance Policies,
1) Uniform Guidance Procurement Policy,
2) Uniform Guidance Conflict of Interest and Gifts Policy
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
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CLOSED SESSION #1 (to be held in the Board’s usual meeting room 215)
A motion to enter into Closed Session per General Statute 143-318.11(a)(4) for the
purpose of discussion of matters relating to the location or expansion of industries or
other businesses in the county as well as per General Statute 143-318.11(a)(3) for the
purpose to consult with the county attorney in order to preserve the attorney-client
privilege with the following individuals permitted to attend: County Manager, Heidi
York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock, Assistant
County Manager, Sybil Tate, IT Director, Chris Puryear and Consultant, Joe
Freddoso.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PUBLIC HEARING NOTICE
The Person County Board of Commissioners will hold a Public Hearing on
Monday, June 4, 2018 at 7:00 pm in the Auditorium of the Person County Office
Building, 304 S. Morgan Street, Roxboro, NC 27573.
The Board of Commissioners will consider the appropriation of county
general funds to be made available to Person County Business and Industrial
Center, Inc. in compliance with applicable law to assist Project RE to locate in
Person County, a manufacturing and warehousing facility.
The project will include 236 new jobs and $32,500,000 capital investment.
Such assistance shall include:
A financial grant incentive over a 10 year period of time at an estimated total cost
of $850,000.00 and subject to the terms of a future development agreement
outlining that the actual financial incentive grant could be increased or decreased
based on actual net new assessed valuation. (For example if the net new assessed
valuation was less than the projected capital investment of $32,500,000.00, the
financial grant incentive would decrease, if the net new assessed value over the
term of the financial grant would increase above the $32,500,000.00, then the
financial incentive grant would increase.)
Brenda B. Reaves, NCCCC, MMC
Clerk to the Person County Board of Commissioners
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The Person County Board of County Commissioners will hold a public hearing on Monday, June 4th,
2018 at 7pm in the County Auditorium of the Person County Office Building at 304 S Morgan St,
Roxboro, North Carolina to hear the following:
Request by the Person County Address Coordinator to add Red Field Ln to the database of roadway
names used for E‐911 dispatching. The proposed private roadway will be located off Saplin Branch Rd
which is off Helena Moriah Rd in Flat River Township. Article IV, Section 402 H of the Ordinance
Regulating Address and Road Naming in Person County requires any private roadway serving three or
more homes to be officially named.
Citizens will have an opportunity to speak regarding the above request.
Specific information about the request can be obtained from the Person County GIS Department, 325 S
Morgan St, Suite D.
Sallie Vaughn
GIS Manager
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AGENDA ABSTRACT
Meeting Date: June 4, 2018
Agenda Title: Public Hearing for the Addition of Red Field Ln, a private roadway
Summary Information: Property owners have elected to name their private driveway, which
will serve two or three houses on the same parcel.
Background Information: May 15th, 2018 the owner of parcels A75 162 through 165
approached the GIS Department and asked if they could elect to name this roadway which will
service the four parcels listed above.
The property owner provided a
name of Red Field Ln which is
compliant with local ordinance.
The addition of this road will not
affect any adjacent property
owners or existing addresses.
North Carolina General Statue
153A‐239.1(A) requires 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 May 23rd, 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.
Recommended Action: Motion to approve the recommended roadway name.
Submitted By: Sallie Vaughn, GIS Manager
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PUBLIC HEARING NOTICE
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AGENDA ABSTRACT
Meeting Date: June 4, 2018
Agenda Title: Consideration of adoption of resolution establishing the fire protection
service district
Summary of Information:
Public Hearing Notice- As requested by the Person County Board of County Commissioners on
April 23, 2018, the Person County Tax Administrator prepared and mailed notices of public
hearing for the proposed fire service protection district for all unincorporated areas of Person
County.
The notices were in the form of a postcard (see attached for example). The mailing list included
names/addresses of all affected property owners per the current tax office mailing address list for
all owners of taxable property in the proposed district. In addition, a second mailing list included
names/address from the last 12 months of "invitation to renew" notices from the North Carolina
Department of Motor Vehicles. The 2 separate mailing lists were combined, where appropriate,
to save on postage and avoid sending duplicate notices.
This resulted in the printing/mailing of 19,732 postcards. The postcards were sent to our printing
vendor on April 26, 2018. The print job was completed and mailed on May 1, 2018. The
mailing was prepared and mailed 34 days prior to the public hearing scheduled for June 4, 2018
at 7pm. The requirement was at least 4 weeks prior to the public hearing.
Also, the Clerk of the Board of County Commissioners placed the proper advertisement in the
Wednesday, May 23, 2018 edition of the local newspaper.
Public Hearing- the Person County Board of Commissioners will conduct its public hearing this
date for the consideration of establishing the Person County Fire Protection Service District.
After receiving public comments during the public hearing, the board shall determine if:
1. There is a demonstrable need for providing one or more of the services in the district,
2. It is impossible or impracticable to provide the services on a countywide basis,
3. It is economically feasible to provide the proposed services in the district without
unreasonable or burdensome annual tax levies; and
4. There is a demonstrable demand for the proposed services by persons residing in the proposed
district.
Recommended Action: After consideration and receiving public comments, adopt attached
resolution establishing the fire protection service district, if appropriate.
Submitted By: Russell Jones, Tax Administrator
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PERSON COUNTY
OFFICE OF THE TAX ADMINISTRATOR
Person County Tax Office
P.O. Box 1116
13 Abbitt St
Roxboro, North Carolina 27573-1116
(336) 597-1721 Fax No. (336) 322-8619
Certification of mailing of fire tax notices
As requested by the Person County Board of County Commissioners on April 23, 2018, the Person County Tax
Administrator did, in fact, prepare and mail notices of public hearing for a proposed fire protection service district
for all unincorporated areas of Person County.
The notices were in the form of a postcard (see attached for example). The mailing list included names/addresses of
all affected property owners per the current tax office mailing address list for all owners of taxable property in the
proposed district. In addition, a second mailing list included names/address from the last 12 months of "invitation to
renew" notices from the North Carolina Department of Motor Vehicles. The 2 separate mailing lists were
combined, where appropriate, to save on postage and avoid sending duplicate notices.
This resulted in the printing/mailing of 19,732 postcards. The postcards were sent to our printing vendor on April
26, 2018. The print job was completed and mailed on May 1, 2018. The mailing was prepared and mailed 34 days
prior to the public hearing scheduled for June 4, 2018 at 7pm. The requirement was at least 4 weeks prior to the
public hearing.
Therefore, I, Russell Jones, Person County Tax Administrator, do hereby certify that the mailing has been completed
and is conclusive.
Attest:
______________________________ ___________________________
Brenda B. Reaves, Clerk to the Board Russell Jones, Tax Administrator
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A RESOLUTION OF THE PERSON COUNTY BOARD OF COMMISSIONERS
ESTABLISHING THE PERSON COUNTY FIRE PROTECTION SERVICE DISTRICT
WHEREAS, Article 16 of N.C. Chapter 153A, of the North Carolina General Statutes,
authorizes counties within North Carolina to define service districts in order to finance, provide,
or maintain for the districts one or more of the following services, facilities and functions in
addition to or to a greater extent those finances, provided or maintained for the entire county; and
WHEREAS, N.C. General Statute § 153A-30l(a)(2) provides that the county may define
a service district for the purposes of fire protection; and
WHEREAS, there is a demonstrable need to provide a predictable and continuing means
to finance, provide, or maintain for fire protection services within the proposed Person County
Fire Protection Service District as defined herein (the "District"), and
WHEREAS, acting in response to a need for action in order to protect structures,
property, and lives of those within the boundaries of the District, the Person County Board of
Commissioners have determined that the creation of a fire service district will be for the benefit
of those properties, residents and public commuters within the District boundaries; and
WHEREAS, pursuant to N.C. General Statute § 153A-302(b), the Person County Board
of Commissioners caused to be prepared a report containing: (1) a map of the proposed district
showing its proposed boundaries; (2) a statement showing that the proposed district meets the
standards set out in subsection (a) of N.C. General Statute § 153A-302; and a plan for providing
one or more of the services listed in N.C. General Statute § 153A-301 to the district (the
"Report");
WHEREAS, a copy of the Report is attached hereto as Exhibit A and incorporated herein
by reference, and
WHEREAS, the Report was available for public inspection in the office of the Clerk to
the Board for at least four (4) weeks before the date of the public hearing referenced herein
below; and
WHEREAS, pursuant to N.C. General Statute. § 153A-302(c), the Person County Board
of Commissioners held a duly noticed and advertised public hearing on the proposed Person
County Fire Protection Service District on June 4, 2018 prior to adopting any resolution defining
said district.
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NOW, THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS that:
1. Person County has fully complied with each and every requirement of Article 16 of Chapter
153A, of the North Carolina General Statutes, necessary for the creation of a fire protection
service district and determines and finds same as fact.
2. There is a demonstrable need for providing fire protection services in the District as shown by
the overwhelming majority of speakers that provided comments at the June 4, 2018 public
hearing.
3. It is impracticable to provide fire protection services on a countywide basis because: fire
protection services can most economically and efficiently be served through the County's current
system of community volunteer departments instead of a unified County owned and operated fire
service.
4. It is economically feasible to provide fire protection services in the District without
unreasonable and burdensome annual tax levies given the current County tax rates in the District
as shown in the Report; and
5. There is a demonstrable demand for the fire protection services within the District by Persons
residing in the District as shown by the overwhelming majority of residents speaking in support
of the creation of the District at the June 4, 2018 public hearing.
6. The Person County Fire Protection Service District does in fact meet the standards set forth in
N.C. General Statute §153A-302.
7. Person County Fire Protection Service District for the purpose of fire protection is hereby
established and created with the boundaries set forth on that certain map attached as Exhibit A to
the Report incorporated herein by reference, to which reference is made for a more complete and
accurate description of the boundaries of the Person County Fire Service District.
8. Person County may levy property taxes within the service district in addition to those
throughout the County in order to finance, provide or maintain for the District, fire services
provided therein, in addition to or to a greater extent than those financed, provided or maintained
for the entire County.
9. This resolution shall take effect at the beginning of fiscal year starting July 1, 2018.
Adopted this the 4th day of June, 2018.
Attest:
______________________________________ __________________________________
Brenda B. Reaves, Clerk to the Board Tracey L. Kendrick, Chairman
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EXHIBIT A
COPY OF: REPORT
IN THE MATTER OF:
THE PROPOSED CREATION AND ESTABLISHMENT OF PERSON COUNTY FIRE
PROTECTION SERVICE DISTRICT AS PROVIDED FOR BY NORTH CAROLINA
GENERAL STATUTES ARTICLE 16, CHAPTER 153A.
IN THE MATTER OF:
THE PROPOSED CREATION AND ESTABLISHMENT OF PERSON COUNTY FIRE
PROTECTION SERVICE DISTRICT AS PROVIDED FOR BY NORTH CAROLINA
GENERAL STATUTES ARTICLE 16, CHAPTER 153A.
Counties are authorized to and may define any number of service districts in order to finance,
provide, or maintain for such districts services, facilities and functions related to fire protection
pursuant to North Carolina General Statutes Article 16, Chapter 153A.
Fire protection services in Person County have traditionally been provided through service
contracts between the County and a number of volunteer fire departments and rescue squad
operating within the County. The Person County Fire Chiefs' Association are of the opinion that
such services can best be delivered in the future via existing community volunteer fire
departments and rescue squad that provide fire protection services acting as multiple-source, full
service and comprehensive responding agencies.
The County desires to continue participating in the provision of fire protection services to the
residents of Person County. In response to the need to provide a predictable and continuing
means to finance, provide, or maintain for fire protection services in the proposed Person County
Fire Protection Service District, the Board of Commissioners directed that this report be prepared
as required by said Article 16 prior to the public hearing concerning the matter of establishing
the Fire Protection Service District.
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A. PURPOSE
The purpose of the proposed new Fire Protection Service District would be to define an area
within the County that has a need for fire protection services not currently supported by a
dedicated source of tax revenue, and provide an economically feasible revenue stream sufficient
to allow for the County to contract with and provide financial support for the volunteer fire
departments and rescue squad providing fire protection services within the Fire Protection
Service District. The creation of the new Fire Protection Service District for Person County will
offer a uniform taxing structure for property owners within the proposed district, as well
ensuring multiple source response through the continued viability of the exiting volunteer fire
departments and rescue squad.
B. BOUNDARIES
The Fire Protection Service District area includes all property lying and being within the
unincorporated boundaries of Person County (excluding the incorporated limits of the City of
Roxboro, unless the incorporated entities pass a resolution to accept the Fire Protection Service
District as provided by applicable law). A map of the proposed Fire Protection Service District is
attached hereto as EXHIBIT B.
C. POPULATION
The proposed district lies in Person County. The current resident population in the proposed
district is approximately 31,022 which is about 78 persons per square mile.
D. COUNTY TAXES IN THE DISTRICT
The present tax rate levied County-wide are at a rate of .7000 per $100 valuation. There are no
city taxes or special use district taxes in the proposed district.
E. THE ABILITY OF THE PROPOSED DISTRICT TO SUSTAIN ADDITIONAL TAXES
A county service district created in accordance with Chapter 153A, Article 16 is not subject to
the Chapter 69, Article 3A cap, but is instead limited as provided by N.C. General Statute §
153A-307. That limit is up to a combined rate of one dollar and fifty cents($ 1.50) on the one
hundred dollars ($100.00) appraised value of property subject to taxation in accordance with
N.C. General Statute §153A-149. The tax rate is set by the Person County Board of
Commissioners.
There is no reason to find that the residents of the new proposed Person County Special Fire
Protection Service District could not support and pay a service district tax.
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G. PLAN FOR PROVIDING SERVICES
The proposed Fire Protection Service District consists of an area that is approximately 397.76
square miles in size. There are currently eight (8) volunteer fire departments, one (1) rescue
squad, and four (4) sub-stations in the proposed district that are staffed with by volunteer
personnel and equipment at each station. The stations are strategically located to ensure the
appropriate equipment and response times are for the best of the community that it serves. Each
station is equipped with at least one engine company and one tanker that are staffed by
volunteers to provide protection from all fires in the district.
The County proposes to enter into services contracts with each volunteer fire department and
rescue squad to provide fire protection services within the proposed district. Performance
standards and accounting transparency will be addressed in each contract. All operational plans
for providing services in the district shall be in compliance with Standard Operating Guidelines
compiled in accordance with the Office of the State Fire Marshal.
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EXHIBIT B
Proposed Person County Fire Protection Service District Boundary Map
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NOTICE OF BUDGET PUBLIC HEARING
PERSON COUNTY BOARD OF COMMISSIONERS
Official notice is hereby given that the Fiscal Year 2018-2019 Budget for Person County
has been presented to the Board of Commissioners by the County Manager, and is
available for public inspection in the Office of the Clerk to the Board of Commissioners in
Room 212 of the Person County Office Building, from 8:30 a.m. until 5:00 p.m. Monday
through Friday, at the Public Library during operating hours, and on Person County’s
website, www.personcounty.net.
In accordance with N. C. General Statute 159-12(b), the Person County Board of
Commissioners will conduct a Budget Public Hearing on Monday, June 4, 2018, at 7:00
p.m. The Budget Public Hearing will be held in the Auditorium in the Person County Office
Building, 304 S. Morgan Street, Roxboro, NC and citizens will have an opportunity to
make informal comments concerning the recommended budget.
Brenda B. Reaves, MMC, NCCCC
Clerk to the Board
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May 21, 2018
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 21, 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, May 21, 2018 at 9:00am 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:
A motion was made by Vice Chairman Powell and carried 5-0 to approve the
agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Ms. Susan Naylor of 481 Valhalla Drive, Timberlake stated her appreciation of the
County’s Senior Center facility noting how participation has increased. She advocated for
the Board to consider the continued funding in the upcoming budget.
Ms. Frances Blalock of 1504 Surl Mt. Tirzah Road, Timberlake asked the Board
what happened to the option to close the landfill and utilize transfer stations to haul to
Granville County’s landfill. She added that with the new state legislation the Board should
consider a year-to-year option to have some reign of control.
Ms. Betty Blalock of 144 Tirzah Ridge, Rougemont addressed the Board of her
community being called collateral damage noting the many deaths by cancer occurring in
the one and one-half mile radius of the landfill. She said the dynamite blasts shakes and
cracks her home. Ms. Blalock stated she would be contacting the Neuse River Association
as well.
Mr. Roy Brooks of 383 Parsonage Drive, Timberlake requested Board
consideration to allow county staff to perform the necessary monitoring of commercial
stormwater plans noting this would be a tremendous service to small businesses.
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May 21, 2018
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Mr. David Fyke of 171 Robert Whitfield Road, Hurdle Mills, and a full-time staff
at the County’s Hospice program told the group of the services offered by Hospice to its
patients.
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. Approval of Minutes of April 23, 2018,
B. Budget Amendment # 16, and
C. Memorandum of Agreement for Person County Sheriff Office and United
Way Grant funding in the amount of $4,000 for the GREAT Camp
UNFINISHED BUSINESS:
CONSIDERATION OF RESOLUTION OF INTENT TO AUTHORIZE A
REQUEST FOR PROPOSALS TO EXPLORE THE FEASIBILITY OF A SALE OF
THE PERSON COUNTY HOME HEALTH AND HOSPICE AGENCY:
At the Board’s January 22, 2018 meeting, the Board of Commissioners authorized
a contract with CliftonLarsonAllen to assist the County with the process of preparing a
request for non-binding proposals to consider divesting the home health and hospice
services. At the Board’s April 9th meeting a public hearing was conducted. A majority of
Board members wanted the opportunity to talk with health department staff to gain a better
understanding of the situation in home health and hospice before the adoption of the
Resolution, so it was tabled.
As required by General Statute 131E-13, the County must adopt a Resolution of
Intent and conduct a public hearing before it can request proposals for purchase. Once
proposals are received the Board must conduct another public hearing. The Board will have
the opportunity to consider all proposals and negotiate with any potential buyers. During
the negotiations process, terms such as employee transitions, and purchase price, etc. can
be discussed. By state regulations, the office of the buyer must remain within the
geographic limits of Person County. A decision to sell is not made until the negotiations
are finalized and both parties mutually agree to an Asset Purchase Agreement. The
consultants estimate that the process of selling the two services takes about six months.
Counties across the State are facing the same struggles as Person County as it is
becoming increasingly difficult to compete with private sector providers of these services.
New federal Home Health Conditions of Participation are very onerous and costly, and,
payment rates continue decline and not keep pace with providers’ inflationary expenses
inflation. The CliftonLarsonAllen firm has brokered the sale of 23 county/regional health
departments; only 11 county-owned home health and hospice (HHH) services exist today.
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May 21, 2018
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The average sale price for both services is about $2M. Both home health and
hospice have private sector providers serving patients in Person County.
There are currently 7 filled full-time positions in Home Health and Hospice. Most
other counties have negotiated a transition plan for their employees with the private sector
buyers.
The Board of Health met and discussed the options on Nov. 27 and again on Jan.
11. Their recommendation was to sell Home Health, but retain Hospice. They expressed
concern over serving indigent patients, although the data shows that in FY16 the county
served 3 indigent patients in home health; 0 in hospice. In FY17 the county served 1 patient
in home health; 0 in hospice. The Board of Health and staff believe that with additional
investments in Hospice to provide for better marketing and enhanced technology, they
might be able to increase revenues and make the program more viable.
Chairman Kendrick requested the Board to adopt a Resolution of Intent to
Authorize a Request for Proposals to explore the feasibility of a Sale of the Person County
Home Health and Hospice.
Commissioner Clayton recommended hospice be taken out. County Manager,
Heidi York stated unanimous action by the Board for the County’s consultant to market
the bundled services of home health and hospice for interest via a Request for Proposals.
She added that the consultant told the group the hospice program made the bundle more
attractive for the best offer; once proposals are in hand, the Board would conduct another
public hearing and would be able to negotiate terms for approval or the Board has the
ability to reject any proposals. Ms. York posed the question to amend the contract with the
consultant to exclude the hospice program should the Board desire to do so. County
Attorney, Ron Aycock reiterated the Board had instructed the consultant to solicit for
proposal noting they could be submitted either separately or bundled which gave the Board
alternative approaches.
A motion was made by Chairman Kendrick and carried 3-2 to adopt a Resolution
of Intent to Authorize a Request for Proposals to explore the feasibility of a Sale of the
Person County Home Health and Hospice. Chairman Kendrick, Vice Chairman Powell
and Commissioner Puryear voted in favor of the motion. Commissioners Clayton and
Jeffers cast the dissenting votes.
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May 21, 2018
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May 21, 2018
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May 21, 2018
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NEW BUSINESS:
PROPOSED CONTRACT FOR VOLUNTEER FIRE DEPARTMENTS:
County Manager, Heidi York reminded the group that the County contracts with
each Volunteer Fire Department and the Rescue Squad to provide fire protection services
in addition to other stated responsibilities. The contracts for the current FY17-18 were for
a one year term. In previous years, the contracts spanned two fiscal years. Ms. York
proposed the new contract would be valid for a two year period from July 1, 2018 to June
30, 2020. Vice Chairman Powell and Commissioner Jeffers recommended the new contract
to be ongoing with an out-clause notice similar to the City of Roxboro’s fire services
contract. It was also the consensus of the Board to increase the funding to the VFDs and
Rescue Squad by 2% or greater with a cap at the current inflationary rate, every other year
opposite of the City of Roxboro’s increase.
Ms. York stated that due to the proposed increase in funding for the VFDs with the
creation of the fire tax, Commissioners have requested some revisions to the current
contract. Ms. York highlighted a proposed contract with the following major changes:
Deletion of reference to capital funding program
Document progress towards improving the ISO rating, with a written plan
submitted by 12/31/18 to the Emergency Services Director as to how and when,
setting a target date, the department will achieve a reduction in their ISO rating.
VFDs and Rescue Squad are recommended to hold a minimum of two community-
based fundraisers per fiscal year.
Agree to be a Point of Distribution site for the county during emergencies/disasters
Changes the responsibility for paying for the audit to the individual VFDs and
Rescue Squad; staff to provide basic financial audit parameters for minimum
standards of reporting to be submitted per the deadline; the intent was to have the
audits for review by the County prior to the next appropriation of funding.
Funds to be disbursed in the same amount as the current FY17-18 per district
amount (operating and capital) and made available once the returned copy of the
contract with signatures and all requirements of Section III are satisfied. In
addition, each VFD and Rescue Squad must have passed its state inspection to
receive the County disbursement. The remaining amount of funds will be disbursed
monthly beginning in March up to the total aggregate amount to all departments of
$1M overall. This plan of disbursement of funds was recommended by the Fire
Chiefs. Ms. York stated the final appropriations to the VFDs and Rescue Squad is
determined upon the budget being adopted.
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May 21, 2018
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ONE-YEAR EXTENSION OF SOLID WASTE CONTRACT WITH REPUBLIC:
County Attorney, Ron Aycock explained the following scenarios related to the
future option for Republic and Person County, if:
1-The County takes no action at all:
Republic would secure an extension of its state permit to a life of site or 60 years from the
original 1997 first receipt of waste which would be 2057. This would enable Republic to
continue to receive waste and operate the facility without paying anything to the County.
The permit would contain the same conditions as the existing permit daily tonnage, area,
etc.) The County would receive no compensation.
2-Republic secures the extension of its permit to a life of site permit and the county
enacts a new franchise and enters into a new contract to match the new permit:
The county would be entitled to receive the same compensation as in the existing contract.
The county’s new franchise would not be subject to the procedural requirements of a public
hearing, etc. It is possible that the County could negotiate some changes in the franchise
fee and contract provisions. Additionally, it would be possible to increase the allowed daily
tonnage amount not to exceed 110% of the original amount.
3-Republic and the County negotiate a new agreement:
Republic and the County could negotiate a new agreement allowing a larger amount of
daily tonnage, different rates and franchise fees. This would require a new state permit for
Republic with the consequent procedural requirements of studies of environmental impact,
etc. as well as public hearings. The County would have to enact a new franchise. This
approach would likely require at least a one year extension as in 2 above in order to allow
the necessary time to comply with the more extensive procedural requirements.
Mr. Aycock provided the following Facts and Analysis:
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May 21, 2018
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FACTS AND ANALYSIS
Person County has an existing contract with Republic Services for operation of a landfill
in Person County and a franchise issued to Republic for such operation which expired on
June 30, 2017. The contract provides that after scheduled expiration the contract may be
extended for 10 additional years at the option of the County. The County has elected to
extend the contract for the first of those 10 years (expiration June 30, 2018) and has issued
a franchise for that one year period plus one additional year (franchise expires on June 30,
2019). Among other provisions the contract provides for a fee to be paid to Person County
based upon usage which yields Person County in excess of $500,000 per year. It also
provides that Person County will use its “best efforts” to assure that waste from Person
County will be disposed of in the Republic facility. It further provides that waste will not
be accepted from certain jurisdictions (Raleigh and Durham) and will not be accepted from
areas 60 miles or more from the landfill.
Republic has made application to the state for an extension of its existing permit to a “life
of site” permit. The application is not for a new permit. That application has not yet been
acted upon.
The 2015 General assembly has enacted two provisions which impact the county options.
For convenience in identification, Mr. Aycock designated those provisions as “flow
control” and “life of site” provisions.
FLOW CONTROL PROVISION
The new law prohibits a county from requiring that all waste in a county go to a specific
site (flow control) except in very limited circumstances. For Person County that limited
circumstance means for the period of its existing franchise (until June 30, 2019). It is likely
then that if the County grants additional franchises to effectuate the remaining years (8) of
the original contract extension that it may not be able to direct that all waste go to the
Republic site.
An additional likely effect of the new law is to limit the ability of the County to restrict the
receipt of waste from areas 60+ miles away, since to do so would limit the flow of waste.
This effect is not as clear as the prohibition on the direction of waste from within the
County, but is likely to be the effect of the law.
The pertinent legislation is set out below:
(Please note that the legislation still establishes a policy that a solid waste facility should
serve a specific geographic area, but prohibits a county from requiring that service.)
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May 21, 2018
9
“130A-294(b) In furtherance of this purpose and intent, it is hereby determined and
declared that it is necessary for the health and welfare of the inhabitants of the State that
solid waste management facilities permitted hereunder and serving a specified geographic
area shall be used by public or private owners or occupants of all lands, buildings, and
premises within the geographic area, and a unit of local government may, by ordinance,
require that all solid waste generated within the geographic area and placed in the waste
stream for disposal, shall be delivered to the permitted solid waste management facility or
facilities serving the geographic area. Actions taken pursuant to this Article shall be
deemed to be acts of the sovereign power of the State of North Carolina, and to the extent
reasonably necessary to achieve the purposes of this section, a unit of local government
may displace competition with public service for solid waste management and disposal. It
is further determined and declared that no person, firm, corporation, association or entity
within the geographic area shall engage in any activities which would be competitive with
this purpose or with ordinances, rules adopted pursuant to the authority granted herein.
(c) Except as provided in subsections (d) {REGIONAL SOLID WASTE FACILITIES}
and (e)[CONSTRUCTION AND DEMOLITION MATERIALS MAY NOT BE
DIRECTED] of this section, a unit of local government may, by ordinance, franchise,
business license, contract, or otherwise, require that all solid waste generated within the
geographic area and placed in the waste stream for disposal be delivered to the permitted
solid waste management facility or facilities serving the geographic area only under one
of the following conditions:
(1) If the unit of local government has debt associated with solid waste management
facilities and equipment outstanding on September 1, 2017, the unit of local government
may adopt and enforce such an ordinance until the date that such debt has matured.
(2) If the unit of local government is a party to an exclusive franchise agreement with a
private entity governing the management or disposal of waste within the jurisdiction in
effect on September 1, 2017, the unit of local government may adopt and enforce such an
ordinance until the date that such franchise has expired.”
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May 21, 2018
10
LIFE OF SITE PROVISION
The new law provides that all new permits for solid waste facilities be issued by the state
for life of the site not to exceed 60 years. Life of site is defined to be from inception of the
permit until the facility reaches its permitted height. The legislation explicitly provides that
a life of site permit survives the expiration of its underlying franchise. But a county may
extend the old franchise under the same terms and conditions until the expiration of the life
of site permit. A franchise extended to match the life of site permit period is not required
to be enacted with a public hearing, deposit of materials, at the public library, etc.
The applicable law is set out below:
"§ 130A-294. Solid waste management program.
…
(a2) Permits for sanitary landfills and transfer stations shall be issued for the life-of-site
of the facility unless revoked as otherwise provided under this Article or upon the
expiration of any local government franchise required for the facility pursuant to
subsection (b1) of this section, revoked. For purposes of this section, "life-of- site" means
the period from the initial receipt of solid waste at the facility until the Department
approves final closure of the facility. The facility reaches its final permitted elevations,
which period shall not exceed 60 years. Permits issued pursuant to this subsection shall
take into account the duration of any permits previously issued for the facility and the
remaining capacity at the facility.
(a3) In order to preserve long - term disposal capacity, a life - of - site permit issued for a
sanitary landfill shall survive the expiration of a local government approval or franchise.
In order to preserve any economic benefits included in the franchise, the County may
extend the franchise under the same terms and conditions for the term of the life - of - site
permit. The extension of the franchise hereby shall not trigger the requirements for a new
permit, a major permit modification, or a substantial amendment to the permit.”
Commissioner Jeffers requested for the data for the remaining years of life under
the current contract terms. County Manager, Heidi York stated she could obtain that
information from Republic and the State of NC. Current landfill Manager, Chris Gustin
stated the existing life of landfill varied dependent upon the density factor of the material
taken in.
A motion was made by Chairman Kendrick and carried 5-0 to extend the contract
period for one-year to match the current franchise agreement for the Solid Waste Contract
with Republic.
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May 21, 2018
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May 21, 2018
12
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13
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May 21, 2018
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May 21, 2018
15
PRESENTATION OF THE COUNTY MANAGER’S FISCAL YEAR 2018-2019
RECOMMENDED BUDGET:
North Carolina General Statute 159 specifies that a recommended budget for the
upcoming fiscal year be given to the Board of County Commissioners by June 1st. The
Local Government Budget and Fiscal Control Act requires that the recommended budget
be balanced. County Manager, Heidi York provided the following overview of the
recommended budget:
Ms. York stated one penny was up from $438K in current year noting very little
growth in the county budget with the costs of goods & services trending at a 2.3% growth
rate.
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May 21, 2018
16
Ms. York said the above Tax Base chart reflects extremely modest growth; only
$62M combined in growth.
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May 21, 2018
17
The Board identified the following priorities for the FY18-19 Budget:
Ms. York stated her recommended budget reflects an 8.2% increase in public safety
for FY19 with increased funding for VFDs and four EMT paramedic positions to complete
a full shift as well as two sheriff deputies.
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May 21, 2018
18
Ms. York stated she cut $4.3M from budget requests for a balanced budget.
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May 21, 2018
19
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May 21, 2018
20
Ms. York stated to fully fund the Person County Schools current expense request,
an additional $470,631 was needed.
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May 21, 2018
21
Ms. York stated to fully fund the Piedmont Community College current expense
request, an additional $35,687 was needed.
Vice Chairman Powell requested to change the June 11th budget work session to
another time or another day.
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May 21, 2018
22
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May 21, 2018
23
CHAIRMAN’S REPORT:
Chairman Kendrick thanked County Manager, Heidi York and Assistant County
Manager, Sybil Tate for leading the budget efforts. He also reported that Animal Services
has seen an increase in its adoption rates noting the social media efforts have proven to be
effective.
MANAGER’S REPORT:
County Manager, Heidi York reported an Economic Development Commission
followed by a Person County Business Industrial Center meeting will be held on May 22,
2018 starting at 4:00pm at Piedmont Community College in room D120.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers reported the following:
Attended an Environmental Issues Committee meeting in which most of the
discussion was focused on the liter on the sides of roads,
Attended St. James Baptist Church located in Leasburg to celebrate its 150
years anniversary,
He, along with fourteen other commissioners, will be attending an upcoming
NACo Community Summit focusing on health issues.
Commissioner Clayton commented on the Home Health program being costly and
could be closed immediately but he would like to retain Hospice. He reported he would be
attending a NC Association of County Commissioners’ Environmental Committee meeting
on May 22, 2018.
Commissioner Puryear thanked Assistant County Manager, Sybil Tate for her
assistance with a potential safety issue that was quickly corrected with the contractor
installing the fiber.
Vice Chairman Powell reported the Raleigh Durham Airport would be undergoing
an expansion which would mean more opportunities for the County’s Airport. He added
the County’s Airport runway extension was approved last week and would take
approximately three years to complete.
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May 21, 2018
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CLOSED SESSION #1
A motion was made by Commissioner Puryear and carried 5-0 to enter into Closed
Session per General Statute 143-318.11(a)(4) at 10:27am for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the county
(economic development) with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock
and Economic Development Director, Stuart Gilbert.
A motion was made by Commissioner Jeffers and carried 5-0 to return to open
session at 10:52am.
A motion was made by Commissioner Clayton and carried 5-0 to call for a Public
Hearing for a financial grant incentives for Project RE to be scheduled on June 4, 2018 at
7:00pm.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 10:52am.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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6/4/2018
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 631
Human Services 8,000
Transfers to Other Funds 52,000
REVENUES General Fund
Other Taxes 52,000
Intergovernmental Revenues 8,000
Other Revenues 631
Explanation:
BUDGET AMENDMENT
Receipt of donations to Animal Services ($631); increase in Social Services Crisis
Intervention grant ($8,000); increase estimated occupancy tax collections ($52,000).
BA-1742
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AGENDA ABSTRACT
Meeting date:
June 4, 2018
Consent Agenda Title:
Adoption of Uniform Guidance Policies
1) Uniform Guidance Procurement Policy, and
2) Uniform Guidance Conflict of Interest and Gifts Policy
Summary of Information:
These policies are drafted in response to the Office of Budget Management’s new
federal Uniform Guidance procurement requirements (2 C.F.R. Part 200, Subpart D)
which go into effect on July 1, 2018. Local governments and public authorities that
expend federal financial assistance (including USDA loans and grants, CDBG funds,
FEMA Public Assistance disaster relief grants, and other programs, either directly
funded or reimbursement driven) must comply with these new requirements. These
policies include the standards for procurement under grants, which applies to contracts
for services, procurement of goods (such as supplies and equipment), and construction
or repair, as well as requirements on code of ethics and gift bans from vendors.
Local governments must follow local policies and applicable state law except to the
extent that federal requirements are more restrictive than local policies and state law.
If there is an overlap with local, state, and federal rules, and none of the rules are more
restrictive than another, the federal rules will apply.
Recommended Action:
To adopt the Uniform Guidance Procurement Policy and Uniform Guidance Conflict
of Interest and Gifts Policy as provided, and to be in compliance with new federal
guidelines effective 7/1/18.
Submitted By:
Amy Wehrenberg, Finance Director
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Person County Government
STANDARD PROCEDURE
SUBJECT: Uniform Guidance Procurement Policy
Effective Date: 7.1.18
Prepared by: Amy Wehrenberg, Finance Director
Revised:
Approved by: Person County Board of Commissioners
Approval Date:
Chairman’s Signature:
# of Pages: 9
I. Purpose
The purpose of this Policy is to establish guidelines that meet or exceed the procurement
requirements for purchases of goods (apparatus, supplies, materials, and equipment),
services, and construction or repair projects when federal funds are being used in whole or in
part to pay for the cost of the contract.
II. Policy
A. Application of Policy. This policy applies to contracts for purchases, services, and
construction or repair work funded with federal financial assistance (direct or
reimbursed). The requirements of this Policy also apply to any subrecipient of the funds.
All federally funded projects, loans, grants, and sub‐grants, whether funded in part or
wholly, are subject to the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for federal awards (Uniform Guidance) codified at 2 C.F.R. Part 200
unless otherwise directed in writing by the federal agency or state pass‐through agency
that awarded the funds.
B. Compliance with Federal Law. All procurement activities involving the expenditure of
federal funds must be conducted in compliance with the Procurement Standards codified
in 2 C.F.R. § 200.317 through § 200‐326 unless otherwise directed in writing by the federal
agency or state pass‐through agency that awarded the funds. Person County will follow
all applicable local, state, and federal procurement requirements when expending federal
funds. Should Person County have more stringent requirements, the most restrictive
requirement shall apply so long as it is consistent with state and federal law.
C. Contract Award. All contracts shall be awarded only to the lowest responsive responsible
bidder possessing the ability to perform successfully under the terms and conditions of
the contract.
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D. No Evasion. No contract may be divided to bring the cost under bid thresholds or to
evade any requirements under this Policy or state and federal law.
E. Contract Requirements. All contracts paid for in whole or in part with federal funds shall
be in writing. The written contract must include or incorporate by reference the
provisions required under 2 C.F.R § 200.326 and as provided for under 2 C.F.R. Part 200,
Appendix II.
F. Contractors’ Conflict of Interest. Designers, suppliers, and contractors that assist in the
development or drafting of specifications, requirements, statements of work, invitation
for bids or requests for proposals shall be excluded from competing for such
requirements.
G. Approval and Modification. The administrative procedures contained in this Policy are
administrative and may be changed as necessary at the staff level to comply with state
and federal law.
III. General Procurement Standards and Procedures:
Either the Purchasing Department or the Requesting Department shall procure all contracts
in accordance with the requirements of this Section of the Policy.
A. Necessity. Purchases must be necessary to perform the scope of work and must avoid
acquisition of unnecessary or duplicative items. The Purchasing Department and/or the
Requesting Department should check with the federal surplus property agency prior to
buying new items when feasible and less expensive. Strategic sourcing should be
considered with other departments and/or agencies who have similar needs to
consolidate procurements and services to obtain better pricing.
B. Clear Specifications. All solicitations must incorporate a clear and accurate description of
the technical requirements for the materials, products, or services to be procured, and
shall include all other requirements which bidders must fulfill and all other factors to be
used in evaluating bids or proposals. Technical requirements must not contain features
that restrict competition.
C. Notice of Federal Funding. All bid solicitations must acknowledge the use of federal
funding for the contract. In addition, all prospective bidders or offerors must acknowledge
that funding is contingent upon compliance with all terms and conditions of the funding
award.
D. Compliance by Contractors. All solicitations shall inform prospective contractors that
they must comply with all applicable federal laws, regulations, executive orders, and
terms and conditions of the funding award.
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E. Fixed Price. Solicitations must state that bidders shall submit bids on a fixed price basis
and that the contract shall be awarded on this basis unless otherwise provided for in this
Policy. Cost plus percentage of cost contracts are prohibited. Time and materials
contracts are prohibited in most circumstances. Time and materials contracts will not be
used unless no other form of contract is suitable and the contract includes a “Not to
Exceed” amount. A time and materials contract shall not be awarded without express
written permission of the federal agency or state pass‐through agency that awarded the
funds.
F. Use of Brand Names. When possible, performance or functional specifications are
preferred to allow for more competition leaving the determination of how the reach the
required result to the contractor. Brand names may be used only when it is impractical or
uneconomical to write a clear and accurate description of the requirement(s). When a
brand name is listed, it is used as reference only and “or equal” must be included in the
description.
G. Lease versus Purchase. Under certain circumstances, it may be necessary to perform an
analysis of lease versus purchase alternatives to determine the most economical
approach.
H. Dividing Contract for M/WBE Participation. If economically feasible, procurements may
be divided into smaller components to allow maximum participation of small and minority
businesses and women business enterprises. The procurement cannot be divided to bring
the cost under bid thresholds or to evade any requirements under this Policy.
I. Documentation. Documentation must be maintained by the Purchasing Department
and/or the Requesting Department detailing the history of all procurements. The
documentation should include the procurement method used, contract type, basis for
contractor selection, price, sources solicited, public notices, cost analysis, bid documents,
addenda, amendments, contractor’s responsiveness, notice of award, copies of notices to
unsuccessful bidders or offerors, record of protests or disputes, bond documents, notice
to proceed, purchase order, and contract. All documentation relating to the award of any
contract must be made available to the granting agency upon request.
J. Cost Estimate. For all procurements costing $150,000 or more, the Purchasing
Department and/or Requesting Department shall develop an estimate of the cost of the
procurement prior to soliciting bids. Cost estimates may be developed by reviewing prior
contract costs, online review of similar products or services, or other means by which a
good faith cost estimate may be obtained. Cost estimates for construction and repair
contracts may be developed by the project designer.
K. Contract Requirements. The Requesting Department must prepare a written contract
incorporating the provisions referenced in Section II.C of this Policy.
L. Debarment. No contract shall be awarded to a contractor included on the federally
debarred bidder’s list.
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M. Contractor Oversight. The Requesting Department receiving the federal funding must
maintain oversight of the contract to ensure that contractor is performing in accordance
with the contract terms, conditions, and specifications.
N. Open Competition. Solicitations shall be prepared in a way to be fair and provide open
competition. The procurement process shall not restrict competition by imposing
unreasonable requirements on bidders, including but not limited to unnecessary supplier
experience, excessive or unnecessary bonding, specifying a brand name without allowing
for “or equal” products, or other unnecessary requirements that have the effect of
restricting competition.
O. Geographic Preference. No contract shall be awarded on the basis of a geographic
preference.
IV. Specific Procurement Procedures
Either the Purchasing Department or the Requesting Department shall solicit bids in
accordance with the requirements under this Section of the Policy based on the type and
cost of the contract.
A. Service Contracts (except for A/E professional services) and Purchase Contracts costing
less than $3,500 shall be procured using the Uniform Guidance “micro‐purchase”
procedure (2 C.F.R. § 200.320(a)) as follows:
1. The contract may be awarded without soliciting pricing or bids if the price of the
goods or services is considered to be fair and reasonable.
2. To the extent practicable, purchases must be distributed among qualified
suppliers.
B. Service Contracts (except for A/E professional services) and Purchase Contracts costing
$3,500 up to $90,000 shall be procured using the Uniform Guidance “small purchase”
procedure (2 C.F.R. § 200.320(b)) as follows:
1. Obtain price or rate quotes from an “adequate number” of qualified sources (a
federal grantor agency might issue guidance interpreting “adequate number,” so
the Requesting Department should review the terms and conditions of the grant
award documents to confirm whether specific guidance has been issued).
2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as required under 2 C.F.R. § 200.321.
3. Cost or price analysis is not required prior to soliciting bids.
4. Award the contract on a fixed‐price basis (a not‐to‐exceed basis is permissible for
service contracts where obtaining a fixed price is not feasible).
5. Award the contract to the lowest responsive, responsible bidder.
C. Service Contracts (except for A/E professional services) and Purchase Contracts costing
$90,000 and above shall be procured using a combination of the most restrictive
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requirements of the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) and
state formal bidding procedures (G.S. 143‐129) as follows:
1. Cost or price analysis is required prior to soliciting bids.
2. Complete specifications or purchase description must be made available to all
bidders.
3. The bid must be formally advertised in a newspaper of general circulation for at
least seven full days between the date of the advertisement and the date of the
public bid opening. Electronic‐only advertising must be authorized by the
governing board. The advertisement must state the date, time, and location of
the public bid opening, indicate where specifications may be obtained, and
reserve to the governing board the right to reject any or all bids only for “sound
documented reasons.”
4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as required under 2 C.F.R. § 200.321.
5. Open bids at the public bid opening on the date, time, and at the location noticed
in the public advertisement. All bids must be submitted sealed. A minimum of 2
bids must be received in order to open all bids.
6. Award the contract to the lowest responsive, responsible bidder on a fixed‐price
basis. Governing board approval is required for purchase contracts unless the
governing board has delegated award authority to an individual official or
employee. Any and all bids may be rejected only for “sound documented
reasons.”
D. Service Contracts (except for A/E professional services) costing $150,000 and above may
be procured using the Uniform Guidance “competitive proposal” procedure (2 C.F.R. §
200.320(d)) when the “sealed bid” procedure is not appropriate for the particular type of
service being sought. The procedures are as follows:
1. A Request for Proposals (RFP) must be publicly advertised. Formal advertisement
in a newspaper is not required so long as the method of advertisement will solicit
proposals from an “adequate number” of qualified firms.
2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as provided under 2 C.F.R. § 200.321.
3. Identify evaluation criteria and relative importance of each criteria (criteria
weight) in the RFP.
4. Consider all responses to the publicized RFP to the maximum extent practical.
5. Must have a written method for conducting technical evaluations of proposals and
selecting the winning firm.
6. Award the contract to the responsible firm with most advantageous proposal
taking into account price and other factors identified in the RFP. Governing board
approval is not required.
7. Award the contract on a fixed‐price or cost‐reimbursement basis.
E. Construction and repair contracts costing less than $3,500 shall be procured using the
Uniform Guidance “micro‐purchase” procedure (2 C.F.R. § 200.320(a)) as follows:
1. The contract may be awarded without soliciting pricing or bids if the price of the
goods or services is considered to be fair and reasonable.
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2. To the extent practicable, contracts must be distributed among qualified
suppliers.
F. Construction and repair contracts costing $3,500 up to $150,000 shall be procured using
the Uniform Guidance “small purchase” procedure (2 C.F.R. § 200.320(b)) as follows:
1. Obtain price or rate quotes from an “adequate number” of qualified sources (a
federal grantor agency might issue guidance interpreting “adequate number,” so
the requesting department should review the terms and conditions of the grant
award documents to confirm whether specific guidance has been issued).
2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as required under 2 C.F.R. § 200.321.
3. Cost or price analysis is not required prior to soliciting bids, although price
estimates may be provided by the project designer.
4. Award the contract on a fixed‐price or not‐to‐exceed basis.
5. Award the contract to the lowest responsive, responsible bidder. Governing
board approval is not required.
G. Construction and repair contracts costing $150,000 up to $500,000 shall be procured
using the Uniform Guidance “sealed bid” procedure (2 C.F.R. § 200.320(c)) as follows:
1. Cost or price analysis is required prior to soliciting bids (this cost estimate may be
provided by the project designer).
2. Complete specifications must be made available to all bidders.
3. Publically advertise the bid solicitation for a period of time sufficient to give
bidders notice of opportunity to submit bids (formal advertisement in a
newspaper is not required so long as other means of advertising will provide
sufficient notice of the opportunity to bid). The advertisement must state the
date, time, and location of the public bid opening, and indicate where
specifications may be obtained.
4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as provided under 2 C.F.R. § 200.321.
5. Open the bids at the public bid opening on the date, time, and at the location
noticed in the public advertisement. All bids must be submitted sealed. A
minimum of 2 bids must be received in order to open all bids.
6. A 5% bid bond is required of all bidders. Performance and payment bonds of 100%
of the contract price is required of the winning bidder.
7. Award the contract on a firm fixed‐price basis.
8. Award the contract to the lowest responsive, responsible bidder. Governing board
approval is not required. Any and all bids may be rejected only for “sound
documented reasons.”
H. Construction and repair contracts costing $500,000 and above shall be procured using a
combination of the most restrictive requirements of the Uniform Guidance “sealed bid”
procedure (2 C.F.R. § 200.320(c)) and state formal bidding procedures (G.S. 143‐129) as
follows:
1. Cost or price analysis is required prior to soliciting bids (this cost estimate should
be provided by the project designer).
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2. Complete specifications must be made available to all bidders.
3. Formally advertise the bid in a newspaper of general circulation for at least seven
full days between the date of the advertisement and the date of the public bid
opening. Electronic‐only advertising must be authorized by the governing board.
The advertisement must state the date, time, and location of the public bid
opening, indicate where specifications may be obtained, and reserve to the
governing board the right to reject any or all bids only for “sound documented
reasons.”
4. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as provided under 2 C.F.R. § 200.321.
5. Open the bids at the public bid opening on the date, time, and at the location
noticed in the public advertisement. All bids must be submitted sealed and in
paper form. A minimum of 3 bids must be received in order to open all bids.
6. A 5% bid bond is required of all bidders (a bid that does not include a bid bond
cannot be counted toward the 3‐bid minimum requirement). Performance and
payment bonds of 100% of the contract price is required of the winning bidder.
7. Award the contract on a firm fixed‐price basis.
8. Award the contract to the lowest responsive, responsible bidder. Governing
board approval is required and cannot be delegated. The governing board may
reject and all bids only for “sound documented reasons.”
I. Construction or repair contracts involving a building costing $300,000 and above must
comply with the following additional requirements under state law:
1. Formal HUB (historically underutilized business) participation required under G.S.
143‐128.2, including local government outreach efforts and bidder good faith
efforts, shall apply.
2. Separate specifications shall be drawn for the HVAC, electrical, plumbing, and
general construction work as required under G.S. 143‐128(a).
3. The project shall be bid using a statutorily authorized bidding method (separate‐
prime, single‐prime, or dual bidding) as required under G.S. 143‐129(a1).
J. Contracts for Architectural and Engineering Services costing under $150,000 shall be
procured using the state “Mini‐Brooks Act” requirements (G.S. 143‐64.31) as follows:
1. Issue a Request for Qualifications (RFQ) to solicit qualifications from qualified
firms (formal advertisement in a newspaper is not required). Price (other than
unit cost) shall not be solicited in the RFQ.
2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as provided for under 2 C.F.R. § 200.321.
3. Evaluate the qualifications of respondents based on the evaluation criteria
developed by the Purchasing Department and/or Requesting Department.
4. Rank respondents based on qualifications and select the best qualified firm. Price
cannot be a factor in the evaluation. Preference may be given to in‐state (but not
local) firms.
5. Negotiate fair and reasonable compensation with the best qualified firm. If
negotiations are not successfully, repeat negotiations with the second‐best
qualified firm.
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6. Award the contract to best qualified firm with whom fair and reasonable
compensation has been successfully negotiated. Governing board approval is
required unless the governing board has delegated award authority to an
individual official or employee.
K. Contracts for Architectural and Engineering Services costing $150,000 or more shall be
procured using the Uniform Guidance “competitive proposal” procedure (2 C.F.R. §
200.320(d)(5)) as follows:
1. Publically advertise a Request for Qualifications (RFQ) to solicit qualifications from
qualified firms (formal advertisement in a newspaper is not required). Price (other
than unit cost) shall not be solicited in the RFQ.
2. Take affirmative steps to solicit price quotes from M/WBE vendors and suppliers
as provided under 2 C.F.R. § 200.321.
3. Identify the evaluation criteria and relative importance of each criteria (the
criteria weight) in the RFQ.
4. Proposals must be solicited from an “adequate number of qualified sources” (an
individual federal grantor agency may issue guidance interpreting “adequate
number”).
5. Must have a written method for conducting technical evaluations of proposals and
selecting the best qualified firm.
6. Consider all responses to the publicized RFQ to the maximum extent practical.
7. Evaluate qualifications of respondents to rank respondents and select the most
qualified firm. Preference may be given to in‐state (but not local) firms provided
that granting the preference leaves an appropriate number of qualified firms to
compete for the contract given the nature and size of the project.
8. Price cannot be a factor in the initial selection of the most qualified firm.
9. Once the most qualified firm is selected, negotiate fair and reasonable
compensation. If negotiations are not successfully, repeat negotiations with the
second‐best qualified firm.
7. Award the contract to best qualified firm with whom fair and reasonable
compensation has been successfully negotiated. Governing board approval is
required unless the governing board has delegated award authority to an
individual official or employee.
V. Exceptions
Non‐competitive contracts are allowed only under the following conditions and with the
written approval of the federal agency or state pass‐through agency that awarded the federal
funds:
A. Sole Source. A contract may be awarded without competitive bidding when the item is
available from only one source. The Purchasing Department and/or Requesting
Department shall document the justification for and lack of available competition for the
item. A sole source contract must be approved by the governing board.
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B. Public Exigency. A contract may be awarded without competitive bidding when there is
a public exigency. A public exigency exists when there is an imminent or actual threat to
public health, safety, and welfare, and the need for the item will not permit the delay
resulting from a competitive bidding.
C. Inadequate Competition. A contract may be awarded without competitive bidding when
competition is determined to be inadequate after attempts to solicit bids from a number
of sources as required under this Policy does not result in a qualified winning bidder.
D. Federal Contract. A contract may be awarded without competitive bidding when the
purchase is made from a federal contract available on the U.S. General Services
Administration schedules of contracts.
E. Awarding Agency Approval. A contract may be awarded without competitive bidding
with the express written authorization of the federal agency or state pass‐through agency
that awarded the federal funds so long as awarding the contract without competition is
consistent with state law.
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Person County Government
STANDARD PROCEDURE
SUBJECT: Uniform Guidance Conflict of Interest and
Gifts Policy
Effective Date: 7.1.18
Prepared by: Amy Wehrenberg, Finance Director
Revised:
Approved by: Person County Board of Commissioners
Approval Date:
Chairman’s Signature:
# of Pages: 2
I. Purpose
The purpose of this policy is to establish conflicts of interest guidelines that meet or
exceed the requirements under state law and local policy when procuring goods
(apparatus, supplies, materials, and equipment), services, and construction or repair
projects paid for in part or whole by federal funds and required under 2 C.F.R. §
200.318(c)(1).
II. Policy
This policy applies when procuring goods (apparatus, supplies, materials, and
equipment), services, and construction or repair projects funded in part or whole with
federal financial assistance (direct or reimbursed). This policy also applies to any
subrecipient of the funds.
The employee responsible for managing the federal financial assistance award shall
review the notice of award to identify any additional conflicts of interest prohibitions or
requirements associated with the award, and shall notify all employees, officers, and
agents, including subrecipients, of the requirements of this policy and any additional
prohibitions or requirements.
A. Conflicts of Interest. In addition to the prohibition against self‐benefiting from a
public contract under G.S. 14‐234, no officer, employee, or agent of the County of
Person may participate directly or indirectly in the selection, award, or administration
of a contract supported by a federal award if he or she has a real or apparent conflict
of interest. A real or apparent conflict exists when any of the following parties has a
financial or other interest in or receives a tangible personal benefit from a firm
considered for award of a contract:
1. the employee, officer, or agent involved in the selection, award, or
administration of a contract;
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2. any member of his or her immediate family;
3. his or her partner; or
4. an organization which employs or is about to employ any of these parties.
Any officer, employee, or agent with an actual, apparent, or potential conflict of
interest as defined in this policy shall report the conflict to his or her immediate
supervisor. Any such conflict shall be disclosed in writing to the federal award agency
or pass‐through entity in accordance with applicable Federal awarding agency policy.
B. Gifts. In addition to the prohibition against accepting gifts and favors from vendors
and contractors under G.S. 133‐32, officers, employees, and agents of the County of
Person are prohibited from accepting or soliciting gifts, gratuities, favors, or anything
of monetary value from contractors, suppliers, or parties to subcontracts.
III. Violation
Employees violating this policy will be subject to discipline up to and including
termination. Contractors violating this policy will result in termination of the contract and
may not be eligible for future contract awards.
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