HomeMy WebLinkAboutAgenda - 06-16-20; 6-c - Approval of Small Business Program Modifications
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2020
Action Agenda
Item No. 6-c
SUBJECT: Approval of Small Business Program Modifications
DEPARTMENT(S): Finance and Administrative
Services and Economic
Development
ATTACHMENT(S): INFORMATION CONTACT:
1. PowerPoint Presentation
Gary Donaldson, (919) 245-2453
Steve Brantley, (919) 245-2326
Paul Laughton, (919) 245-2152
Amanda Garner (919) 245-2330
PURPOSE: To:
1) Establish the Small Business Fund on the County’s Books and Chart of Accounts;
2) Approve the transfer of the remaining balance of $510,000 from the Small Business bank
account to the County’s bank account, of which $410,000 is to be used for Emergency
grants to small businesses and the remaining $100,000 and any residual balances to be
deposited in the County’s bank account;
3) Approve the Staff and Small Business Loan Board recommendation for the eventual
dissolution of the nonprofit entity named the Orange County Small Business Loan
Company Program; and
4) Approve the Staff and Small Business Loan Board recommendation to make all 11
existing loans with an outstanding balance of $286,508.17 as zero interest and
subsequent Small Business Loans as zero interest.
BACKGROUND: In December 1997, the BOCC approved Articles of Incorporation and Bylaws
establishing the nonprofit Orange County Small Business Loan (SBL) Company. Staff and the
Small Business Loan Board are recommending the eventual dissolution of the nonprofit SBL
and transferring all funds and the financial administration of the program to County’s books and
existing policies and procedures. The rationale is that the County’s financial administration will
provide enhanced system controls through a better financial ledger and software infrastructure,
redundancy and systems support than the current SBL financial subsidiary ledger.
Key historical milestones for the SBL Program nonprofit are as follows:
October 6, 1998 BOCC Meeting
Operating Policies and Procedures document was approved by BOCC.
September 1999 - Articles of Incorporation for the Orange County Small Business Loan
Program Company were issued by the N.C. Secretary of State.
1
March 21, 2000 BOCC Meeting
The BOCC approved a Loan Program resolution which included a nine-member Board of
Directors comprised of three county officials (County Finance Director, County Manager, and
Economic Development Director) and six bank representatives.
March 13, 2007 BOCC Meeting
Economic Development staff presented recommendations to reorganize and provide capital to
the Loan Program. The Economic Development Commission Advisory Board and SBL Board
endorsed the recommended changes including $150,000 to the SBL to establish a revolving
loan fund which was approved the BOCC.
November 5, 2007 BOCC Meeting
Economic Development staff presented revised Bylaws and requested a Resolution which was
approved by the BOCC.
January 15, 2008 BOCC Meeting
The Board approved changes to the SBL Bylaws to modify the Board of Directors to the current
composition:
• 1 BOCC Member
• 2 Small Business Owners
• 2 Local Commercial Bankers
• 1 Economic Development Commission
• Orange County Economic Development Director
• Orange County Finance Director
2010 – Former County Manager Frank Clifton directed $200,000 from the Orange
County/Chapel Hill Visitors Bureau’s Fund Balance to the SBL program.
November 2011 – The one quarter cent sales tax referendum (Article 46) was approved by
Orange County voters in November 2011, providing the SBL Loan program $200,000 annually
in additional lending capital.
January 2016 – The Department of Economic Development’s active marketing of the SBL
program resulted in the use of assigned Article 46 fund balance to supplement the original
seeded funds to issue Small Business loans.
February 7, 2020
The SBL Board of Directors endorsed recommended changes by the departments of Finance
and Economic Development including:
1) Making all Small Business Loans zero interest
2) Enhancing Collections mechanisms to include electronic funds transfer and use of
Collection Agencies
3) Revised Small Business practices to conform with the Department of Finance Policies
and Procedures Manual
FINANCIAL IMPACT: This item proposes to establish the Small Business Loan Fund on the
County’s Books and Chart of Accounts, and transfer $510,000 from the SBL bank account, of
which $410,000 will be used to provide Emergency Small Business grants to businesses
impacted by the pandemic. Budget amendments are forthcoming to effectuate these actions.
2
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board:
1) Establish the Small Business Fund on the County’s Books and Chart of Accounts;
2) Approve the transfer of the remaining balance of $510,000 from the Small Business bank
account to the County’s bank account, of which $410,000 is to be used for Emergency
grants to small businesses and the remaining $100,000 and any residual balances to be
deposited in the County’s bank account;
3) Approve the Staff and Small Business Loan Board recommendation for the eventual
dissolution of the nonprofit entity named the Orange County Small Business Loan
Company Program; and
4) Approve the Staff and Small Business Loan Board recommendation to make all 11
existing loans with an outstanding balance of $286,508.17 as zero interest and
subsequent Small Business Loans as zero interest.
3
Small Business Program Modifications
June 16, 2020 Business Meeting
.
4
Background
1997- Board of County Commissioners (BOCC) approved Bylaws and Articles of
Incorporation establishing the nonprofit Orange County Small Business Loan
(SBL) December 1997
2008- BOCC Approved the current Small Business Loan Board Composition-
-1 BOCC Member
-2 Small Business Owners
-2 Local Commercial Bankers
-1 Economic Development Commission
-Orange County Economic Development Director
-Orange County Finance Director
Source of funding is Article 46 Sales Tax revenue
SBL program is managed by the Economic Development Department
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Abstract Purpose
Establish the Small Business Fund on the County’s Financial System
Enhanced Policies and Procedures and Controls
Transfer of all remaining balance of $510,000 and accrued balances from
the SBL bank account to the County’s bank account
Make all outstanding 11 loans (current balance $286,508.17) zero
interest and all new loans zero interest
Eventual dissolution of the SBL nonprofit as unanimously voted by the
SBL Board
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Dissolution of Small Business Nonprofit
.
Transfer funds from Small Business Loan Company to County
General Account
Establish County General Ledger Accounts for Income
Statement and Balance Sheet reporting
Loan Board Chair submits letter to County Manager ( date to
be determined)
Complete requisite dissolution forms to NC Secretary of State
and Internal Revenue Service
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Policies and Procedures Enhancements
All Financial Transactions to mimic County Financial Policies
Authorized Bank Signatures Defaults to County Manager and
Finance Director
Create Small Business Fund in Tyler MUNIS Financial System to
record all financial transactions including tracking Accounts
Receivables (A/R)
Escalate all outstanding AR balances and take appropriate
collection actions
8
Board Action Steps
Approve Staff recommendations
- Dissolution of SBL nonprofit
- Conformance to County Policies and Procedures
9
Questions/Comments
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