01-22-2019 Meeting Minutes BOC
January 22, 2019
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PERSON COUNTY BOARD OF COMMISSIONERS JANUARY 22, 2019
MEMBERS PRESENT OTHERS PRESENT
David B. Newell, Sr. 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 Tuesday, January 22, 2019 at 9:00am in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Powell gave an
invocation and Commissioner Puryear led the group in the Pledge of Allegiance.
Chairman Newell apologized to the group for not following the correct protocol as
he sought information from the Finance Director related to projected debt payments.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Newell requested an adjustment to the agenda with the addition of a
Closed Session.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda as adjusted.
INFORMAL COMMENTS:
There were no comments from the public.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Powell and carried 5-0 to approve the
Consent Agenda with the following items:
A. Budget Amendment #13,
B. Review and Adoption of Person Area Transportation System
Drug and Alcohol Testing Policy and the Title VI Program Plan
as well as Adoption of the Person Area Transportation System Advisory
Board Changes, and
C. Tax Adjustments for January 2019
a. Tax Releases
b. NC Vehicle Tax System pending refunds
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NEW BUSINESS:
LETTER OF SUPPORT FOR STATE BROADBAND GRANT:
Assistant County Manager, Sybil Tate presented to the Board a letter of support for
NC Wireless to apply for a state GREAT Grant funding to be used toward improving
broadband access in Person County. Ms. Tate noted the state has allocated $10M for private
providers to expand broadband in unserved areas of the state.
Ms. Tate introduced Bill Shillito, President of NC Wireless who addressed the
Board. Mr. Shillito first thanked the Board related to their current project with the County
for broadband noting it was on schedule and on budget. He noted the GREAT Grant was
a separate project from their current broadband project. He further noted the plan would
be a fixed wireless infrastructure that will span beyond the current carriers that are
proceeding currently with the Person County broadband.
Vice Chairman Jeffers commented of the NC Association of County
Commissioners recent legislative goals process noting this was the number one top priority
of county commissioners across the state to seek legislation, funding, and other efforts to
expand digital infrastructure/broadband capability to the unserved and under-served areas
and residents of the state. Vice Chairman Jeffers said Person County’s efforts to further
broadband are far ahead of other counties in the state to which Mr. Shillito agreed.
Mr. Shillito noted the support and partnership on the project by RiverStreet LLC;
he said the $1M required match would be funded by NC Wireless and RiverStreet. He
added this would be the last year Person County would be eligible for this grant funding
due to the tier status change. Mr. Shillito said the grant request was due to be submitted
by January 31st with an expected grant award in late spring; he added following the grant
award, there will be a one-year timeframe to complete the project.
A motion was made by Commissioner Clayton and carried 5-0 to approve a letter
of support for NC Wireless for the application for the state’s GREAT Grant for
improvement of broadband access.
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STORMWATER UPDATE:
Person County is responsible for reducing the amount of nutrient (nitrogen and
phosphorous) run off that comes from the county and flows into Falls Lake. In FY2013,
the Board adopted a stormwater fee to pay for the capital and recurring costs needed to
reduce nutrient runoff.
The Upper Neuse River Basin Association (UNRBA) has been instrumental in
creating a more reasonable and fair framework to advocate for local governments in the
Falls Lake watershed and are providing assistance to the members as they coordinate with
the State to begin developing the parameters of the nutrient reduction program.
Last year, the UNRBA successfully worked with the state to push back the
implementation deadline for the first and second set of required nutrient reductions (Stage
1 and Stage II). However, the state has not set a stable timeline for implementation. The
best estimate for the timeframe, based on feedback from the state, is that implementation
will be required to begin within the next couple of years. The estimated time for full
implementation is within 5 to 7 years.
The county’s stormwater consultant estimates that the cost of the capital projects
necessary to meet Stage 1 requirements will be approximately $3.8M to $4M. Our
stormwater fund currently has $359K in fund balance that could be used to pay for these
projects. Therefore, the county may need to increase the stormwater fee sometime in the
near future. Without a more stable timeline and more accurate cost information, staff
cannot recommend an increase at this time; however, staff felt that the Board should be
made aware of the substantial costs that will occur in the future and be ready in the near
future to start the process of generating the revenue necessary to fund the required projects.
Assistant County Manager, Sybil Tate introduced Mr. Forrest R. Westall, Sr.,
Executive Director of the UNRBA and Ms. Jennifer Tavantzis with Raftelis to provide the
Board with further stormwater information. Mr. Westall shared the following presentation
with the group.
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Chairman Newell asked about changing the ½ acre threshold to 1 acre for
disturbance before triggering a stormwater plan to which Mr. Westall stated that change
was being proposed through legislation in 2025.
Ms. Tate provided the Board with examples of capital projects that the County
could obtain stormwater credits to comply with the state mandated rules which included a)
retention ponds, b) conservation of county owned property that would have permanent
regulations and/or restrictions, c) potential rails to trails, which would also have permanent
conservation regulations or restrictions of use, and d) partnerships for credits through
financial investments, i.e., an algae scrubber project in Durham or Hillsborough.
Following discussion by the Board, the input leaned toward gaining its greatest bang for
the buck for the maximum stormwater credit to benefit the citizens by investing in a capital
project that would yield the most effort of reduction, even if it takes place out of the county.
Commissioner Clayton thanked Mr. Westall for his update and efforts on behalf of
Person County and the other jurisdictions in the UNRBA. He told the group that if anyone
was interested, the data results collected as well as the methodology was explained in a
document that was posted on the UNRBA website; he also invited anyone to attend the
future UNRBA meetings as well.
REQUEST TO APPLY FOR LIBRARY SERVICES AND TECHNOLOGY ACT
GRANT FOR A NEW BOOKMOBILE:
Library Director, Christy Bondy stated the Library has been given the opportunity
to apply for a Library Services and Technology Act Grant through the State Library of
North Carolina for a new Bookmobile.
Ms. Bondy said the current outreach van is a regular sized mini-van that is 19 years
old and has 34 monthly stops visiting daycares, assisted living facilities, afterschool care
and homebound individuals, and serves approximately 500 citizens. The new Bookmobile
would reach citizens beyond daycares, assisted living facilities, afterschool care, and
homebound individuals. Ms. Bondy stated their goal was to reach residents who may not
have had access to library services before, i.e. bookmobile stops in the rural areas of the
county, such as Mayo Park, Hurdle Mills Market, and Mount Tirzah. The Bookmobile will
visit these stops bi-weekly and is estimated to reach 800 citizens, a 60% increase. The
Bookmobile will offer books, movies, classes, programs, online resources, and Wi-Fi to
residents.
Ms. Bondy noted that Library staff has already contacted potential partnering
organizations such as food banks and Person Family Medical. These organizations would
have booths at various bookmobile stops, enabling greater access to food and medical
services for rural residents.
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The total cost of the new Bookmobile would be $159,000. If awarded the grant, the
Library would receive $100,000 for the new project. The county’s portion would be
$59,000 as a part of the FY 2020 budget. Ms. Bondy said she was prepared to contact
foundation, private donors and other community partners to solicit the required match and
in turn, offer an advertisement on the back of the new Bookmobile.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
request to apply for the Library Services and Technology Act Grant for a new Bookmobile.
CONSIDERATION OF RESOLUTION AUTHORIZING THE TAX COLLECTOR
TO SET A MINIMUM BILLING AMOUNT AND MAKE ADJUSTMENTS FOR
SMALL UNDERPAYMENTS OR OVERPAYMENTS:
Tax Administrator, Russell Jones stated North Carolina General Statute 105-321(f)
allows the Board, by resolution, to adopt a minimum tax bill. This resolution would allow
the tax office to write-off/release any tax bill, that once computed, totaled an original
amount due of under $5.00 (or any other lesser amount). A survey of other counties
indicated that 35% are using $5.00 as their threshold.
Mr. Jones sought guidance on a minimum tax bill resolution, mostly due to the
addition of GAP billing for motor vehicles. GAP billing occurs when someone registers a
vehicle late, and the NCDMV tag office changes the expiration date. This change in
expiration date creates a GAP in taxation, and the tax office is required to issue a bill for
the GAP that was created and collect the appropriate tax. However, many of the GAP bills
are very small, i.e., in 2018, there were 1,776 bills due to changes in the registration cycle.
Of these bills, 560 were between $1.00 and $4.99. 424 bills were between $1.00 and $2.99.
Each of these bills require at least one mailed notice, with many of these smaller bills being
overlooked and therefore require multiple notices.
Mr. Jones illustrated a resolution establishing a minimum tax bill of a least $5.00
would have affected 901 bills for 2018, since this would apply to all bills, not just the GAP
bills. This would apply to combined bills for county, city, animal taxes, stormwater, etc.
Of course, this would be offset by savings in postage/printing, while making the Tax Office
run more efficient. The total loss in revenue, if this had applied for 2018, would have been:
Minimum set at $5.00
County Taxes 2,079.64
Fire Taxes 7.69
Stormwater Fees 321.00
Animal Fees 60.00
City Taxes 169.19
Total $2,637.52
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Mr. Jones illustrated a resolution establishing a minimum tax bill of a least $3.00
that would have a smaller impact, and would align closer to the actual cost of collecting a
tax payment. The total loss in revenue, if this had applied for 2018, would have been:
Minimum set at $3.00
County Taxes 731.63
Fire Taxes 1.28
Stormwater Fees 0
Animal Fees 0
City Taxes 64.54
Total $797.45
Mr. Jones noted that many years ago (March 9, 1988), the Board adopted a
resolution that addressed minimal balances of $1.00, pursuant to NCGS 105-321(g). The
proposed resolution combines both resolutions into one document for easier reference.
When asked about any penalty, Mr. Jones explained there was interest applied to
an outstanding bill with multiple attempts by the Tax Office to collect under such time
there was a garnishment fee charged to collect.
Mr. Jones recommended for the Board to adopt a Resolution Authorizing the Tax
Collector to Set a Minimum Billing Amount and Make Adjustments for Small
Underpayments or Overpayments at a $3.00 minimum, if deemed appropriate.
A motion was made by Vice Chairman Jeffers and carried 5-0 to adopt a
Resolution Authorizing the Tax Collector to Set a Minimum Billing Amount and Make
Adjustments for Small Underpayments or Overpayments at a $3.00 minimum.
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APPOINTMENT TO BOARD OF EQUALIZATION AND REVIEW:
Tax Administrator Russell Jones stated pursuant to North Carolina General Statute
105-322, the Person County Board of County Commissioners established a special Board
of Equalization and Review on January 22, 2013 by resolution. The resolution set the
membership at five members, with three alternate members that could be called if the
chairman needed additional participation. The resolution requires each member to have
good moral character, own property in Person County, have resided in the county for at
least two years, and remain current on all property taxes.
The resolution set the terms for four years, with all members having the same term
expiration. Any new member would serve for the remaining term for the vacant position,
which currently goes through the 2020 appeal cycle. This is a paid board with members
receiving $150 per meeting, unless that member is also a county commissioner. A county
commissioner serving on this board would be reimbursed at $50 per meeting. All members
terms expire in February 2021 and would require reappointment at that time.
Mr. Jones recalled the current membership of the Board of Equalization and Review
as follows:
Regular Members Alternate Members
Margaret Bradsher, Chair Ray Jeffers
David Newell, Sr. Faye Boyd
Kyle Puryear Vacant
Curtis Bradsher
Vacant
Mr. Jones requested the Board to address the vacant position for one regular
member noting Mr. Samuel Kennington served on this board since it began in 2013;
however he no longer resides in Person County and has resigned.
Mr. Jones recalled for 2018, the board had two meetings, so the volume of appeals
was much less once the revaluation year has passed.
Commissioner Powell nominated former commissioner Tracey L. Kendrick to be
appointed to the Board of Equalization and Review to fulfill the unexpired term of Samuel
Kennington.
A motion was made by Commissioner Powell and carried 5-0 to appoint Tracey
L. Kendrick to the Board of Equalization and Review to fulfill the unexpired term of
Samuel Kennington.
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CHAIRMAN’S REPORT:
Chairman Newell had no report.
MANAGER’S REPORT:
County Manager, Heidi York reported the Economic Development Commission
would hold its usual meeting on this date at 4:00pm. Additionally, Ms. York reminded the
group that the Board’s next meeting would be its annual board retreat scheduled on
February 4, 2019 at 9:00am in the Public Library Gallery. She said the retreat was planned
for a half day agenda that would be available for commissioners’ input. Following the
retreat agenda, Ms. York stated the board would hold a closed session following a lunch
break.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Jeffers reported the NC Association of County Commissioners Top
Five Priority Goals for 2019-2020 as follows:
1) Seek legislation, funding, and other efforts to expand digital
infrastructure/broadband capability to the unserved and under-served areas and
residents of the state.
2) Seek additional revenue sources, including a statewide bond and lottery proceeds,
to equitably address statewide public school and community college capital
challenges.
3) Support efforts to preserve and expand the existing local revenue base of counties
and authorize local option revenue sources already given to any other jurisdiction
to all counties. Oppose efforts to divert to the state, fees or taxes currently allocated
to the counties or to erode existing county revenue streams.
4) Support provision of state resources to ensure county ability to provide essential
public health, behavioral health and social services, with specific consideration to
the challenges of incarcerated persons, the continued county role in behavioral
health governance, and programs addressing substance use disorder, throughout
Medicaid transformation.
5) Seek legislation to appeal the statutory authority under NC General Statute that
allows a local school board to file suit against a county board of commissioners
over appropriations to local board of education capital outlay fund.
Vice Chairman Jeffers noted the Associations’ website would also list the goals that
pertain to each committee, such as Tax and Finance, General Government, Health and
Human Services, Public Education, Justice and Public Safety, Agriculture, Environment,
and Federal.
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Vice Chairman Jeffers suggested the Board may consider adoption a Resolution of
Support of the NC School Bond noting the support by the North Carolina Governor and
the NC Speakers given the capital needs indicated by the Person County Schools.
Vice Chairman Jeffers stated through his service on the Social Services State Board
of Directors and through media coverage, food stamps were issued early (January 20th for
February) noting until further notice no additional payments are expected (at earliest in
March) for counties to alert food banks, churches, etc. for assistance.
Vice Chairman Jeffers noted the Farm Services Agency has been closed due to the
government shutdown but USDA offices have opened half of the offices (not sure if Person
County is open); he asked staff to find out if Person County’s USDA office is open and put
that information out to the farmers that may have program requirements and loan deadlines.
There were no reports from Commissioners Powell, Clayton or Puryear.
CLOSED SESSION #1
A motion was made by Commissioner Powell and carried 5-0 to enter into Closed
Session at 10:16am 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, and Interim Economic Development Director,
Sherry Wilborn.
Chairman Newell called the Closed Session to order at 10:18am.
A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open
session at 10:57am.
ADJOURNMENT:
A motion was made by Vice Chairman Jeffers and carried 5-0 to adjourn the
meeting at 10:57am.
_____________________________ ______________________________
Brenda B. Reaves David B. Newell, Sr.
Clerk to the Board Chairman