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08-19-2019 Meeting Minutes BOC August 19, 2019 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 19, 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 Monday, August 19, 2019 at 9:00am in the Commissioners’ meeting room in the Person County Office Building. Chairman Newell called the meeting to order. Commissioner Powell offered an invocation and Commissioner Puryear led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Newell announced two agenda adjustments: 1) to delete the item titled Resolution Authorizing Lease of Ten Strands of Fiber and Authorizing Upset Bid Process, and 2) to add an additional Closed Session. A motion was made by Vice Chairman Jeffers and carried 5-0 to adjust the agenda as requested by Chairman Newell and to approve the agenda as amended. RECOGNITION: RESOLUTION OF APPRECIATION FOR COUNTY RETIREE RAY PULLIAM: Chairman Newell read and presented a Resolution of Appreciation to Person County Retiree Ray Pulliam. August 19, 2019 2 August 19, 2019 3 PUBLIC HEARING: FY2021 COMMUNITY TRANSPORTATION PROGRAM APPLICATION: A motion was made by Commissioner Puryear and carried 5-0 to open the duly advertised public hearing for the FY2021 Community Transportation Program Application for grant funding. Public Transportation Director, Glen LaBar requested Board approval for the FY2021 Community Transportation Program Application for grant funding that included federal, state and local appropriations. Mr. LaBar stated the application consists of Administrative and Capital funding; in the FY2021 budget, PATS requested replacement of two (2) Light Transit Vehicles (LTVs) and seven (7) Security Cameras for half of the PATS fleet. The total estimated budget requested is $357,835, with a local share of $44,921. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Person County as well as provides transportation options and services for the communities within this service area. These services are currently provided using demand response, subscription and trip referrals. Services are rendered by utilizing ADA vans and LTVs. The total estimated amount requested for the period July 1, 2020 through June 30, 2021 was as follows: Project Total Amount Local Share Administrative $ 182,698 $ 27,406 (15%) Capital (Vehicles & Other) TOTAL PROJECT $ 175,137 $357,835 $ 17,515 $44,921 (10%) Total Funding Request Total Local Share There were no individuals appearing before the Board to speak in favor of or in opposition to the FY2021 Community Transportation Program Application for grant funding. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for FY2021 Community Transportation Program Application for grant funding. August 19, 2019 4 CONSIDERATION TO APPROVE FY2021 COMMUNITY TRANSPORTATION PROGRAM APPLICATION: A motion was made by Commissioner Powell and carried 5-0 to approve the FY2021 Community Transportation Program Application for grant funding as presented. This approval included the FY2021 Public Transportation Program Resolution and FY2021 Local Share Certification for Funding. August 19, 2019 5 August 19, 2019 6 August 19, 2019 7 August 19, 2019 8 August 19, 2019 9 INFORMAL COMMENTS: There were no comments from the public. 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 August 5, 2019, B. Budget Amendment #4, and C. Tax Adjustments for August 2019 a. Tax Releases b. NC Vehicle Tax System pending refunds UNFINISHED BUSINESS: REQUEST TO REINSTATE THE PUBLIC HEALTH NURSING DIRECTOR I POSITION: Health Director, Janet Clayton requested the Board to reinstate the Public Health Nursing Director I position that was eliminated from the Fiscal Year 2019-2020 Budget noting this position would provide the Health Department with state mandated nursing leadership. As stated in previous meetings, Ms. Clayton stated the following positions, which were included in the approved Fiscal Year 2019-2020 Budget are proposed to be eliminated to offset the costs of the Nursing Director I position; no further general fund appropriations would be needed:  Licensed Practical Nurse= $56,213 (budgeted salary and benefits)  Processing Assistant III = $40,839 (budgeted salary and benefits) Ms. Clayton requested the Board to approve the reinstatement of the Public Health Nursing Director I position and to eliminate the LPN and Processing Assistant III positions; approve the unfreezing of all health department positions with the understanding that positions only will be filled as needed with the approval of the County Manager. Vice Chairman Jeffers asked Ms. Clayton what were the remaining frozen positions to which she stated one Clinic Nurse position that has been vacant since May, one Clinic Nurse in the Care Management Program that has been vacant for a few months, and one Community Health Technician that has been vacant for three months. Chairman Newell asked Ms. Clayton what steps was she taking to cross-train staff to which she replied there was not enough staff at this time to cross-train. She added previous staff would go through a clinic training so that they could fill-in for any position in the clinic and the immunization room. August 19, 2019 10 Vice Chairman Jeffers asked Ms. Clayton to report on the participation levels to which she responded that currently the Health Department was not offering maternity programs nor family planning services or STD service because there was not adequate staff to do so. In the past, Ms. Clayton said the numbers were lower than seen in previous years, which was why she requested the unfreezing of positons as needed. Chairman Newell stated the majority of people that used to come to the Health Department for services now have insurance; they now go to a doctor and not to the Health Department. Chairman Newell said the Health Department averaged 12-13 people a day coming in for services, which was his concern; he asked Ms. Clayton to consider if cross-training staff and eliminating positons, keeping those only absolutely needed or she would have to create a need for the health department, i.e. sports physicals. Ms. Clayton explained that prior to January 24, 2019 the position had been listed as a Public Health Nursing Supervisor II. Commissioner Powell asked Ms. Clayton if approving her request, would any of the revenue streams that were eliminated would be reinstated to which she told the group that this approval would begin the rebuilding of the staff to provide the services that are not being provided currently. She added approximately $500,000 in revenues are affected by the inability to provide services which includes grant funding, Medicaid and insurance billing with the only exception being immunization billing. Ms. Clayton stated there were funds allocated for community education and outreach but until individuals are in place to provide the service, those funds are sitting there unused. She added the last date for provider clinic services was July 8, 2019. Vice Chairman Jeffers asked Ms. Clayton if she provides reports to the Board of Health at its meetings related to the numbers of people getting services at the Health Department to which she affirmed. Vice Chairman Jeffers asked for the salary and benefits for the Public Health Nurse Supervisor II to which Ms. Clayton confirmed salary and benefits $87,589; the salary without benefits $63,085. Chairman Newell asked if referrals were being made to Person Family Medical to which Ms. Clayton affirmed and noted some patients are referred to Durham County. Chairman Newell asked Ms. Clayton how many other services can be subbed out. Ms. Clayton responded she could contract out other services but questioned what is being done for the county’s citizens, especially those with transportation barriers. She added subbing out services requires citizens to go outside of the county, or not receive the care, or end up in the emergency room or at the health department for something such as STDs, or other things detrimental to their health. August 19, 2019 11 Commissioner Powell asked Ms. Clayton about outside provider approval for services. Ms. Clayton said she has two medical directors, one through Duke for OB/GYN services and the other for communicable diseases and immunizations. Vice Chairman Jeffers stated his concern with unfreezing the other positions with the decline in participation for services noting he was not sure about making a decision based on one month’s reports; he suggested the Board to review previous months’ reporting on the number of clients being served. Commissioner Puryear stated his confidence in the Health Director. A motion was made by Commissioner Puryear to approve the Health Director’s request for the reinstatement of the Public Health Nursing Director I position and eliminate the LPN and Processing Assistant III positions; approve the unfreezing of all health department positions with the understanding that positions only will be filled as needed with the approval of the County Manager. Commissioner Clayton stated the abnormal turnover rate with positions at the Health Department caused the Board of Commissioners to freeze positons in the Budget to bring attention to the Board of Health so that the Health Director and the Board of Health could hear and address the issues. Vice Chairman Jeffers asked Ms. Clayton about the difference in qualifications of the Public Health Nursing Director I position and the Public Health Nursing Supervisor II position to which Ms. Clayton noted the Director I position required more experience. She added the minimum salary of the Nursing Supervisor II is $63,085 compared to the Nursing Director I minimum salary of $66,239. Chairman Newell asked the County Manager if she had comments. County Manager, Heidi York stated the decision to sell Home Health and Hospice was similar whereas there was a decline in patients and turnover of staff but when the County sold those services, there was a market for those services. She added there was not a market for the current services however clients, customers and patients need a community health department, i.e., young pregnant mothers having to travel to Durham for OB care does not reflect well for the community. She added it was a challenge to rebuild staff at the health department to meet the needs of the community and that a nursing leadership was required in order to draw down the state funds. Ms. York suggested that the Board work with Ms. Clayton and the Board of Health to rebuild the health department with monitoring on a regular basis to review patient participation, staff hiring to build programs for a successful clinic serving the community. She told the group that everyone was now aware of the turnover issues but a first step to moving forward was to get the positions that are critical to drawdown funds as well as providing services to the residents. August 19, 2019 12 Vice Chairman Jeffers stated he was not questioning Ms. Clayton competence however he felt one month of reports did not provide enough facts and information to make a decision to go back the way it was prior to the budget. Ms. York suggested bringing the Board of Health’s Chairman back to the Board of Commissioners and to allow Ms. Clayton to work with the Manager on the day-to-day rather than the commissioners having to direct Ms. Clayton when she reports to a board; this would keep the Board of Health more engaged. A substitute motion was made by Vice Chairman Jeffers and carried 3-2 to approve a Public Health Nursing Supervisor II position to comply with the state and instead of unfreezing positions with approval by the County Manager, and while the Health Department is rebuilding and advertising with a plan to go forward with the clinic, that a request comes back before the Board for the positions so that the Board knows what is going on. Vice Chairman Jeffers, Chairman Newell and Commissioner Clayton voted in favor of the substitute motion. Commissioners Puryear and Powell cast the dissenting votes. NEW BUSINESS: RESULTS OF WOODSDALE VOLUNTEER FIRE DEPARTMENT’S RECENT CERTIFICATION INSPECTION: Doug Young, Director of Emergency Services stated the Office of the State Fire Marshal (OSFM) contacted him and requested that he meet the OSFM staff at the Woodsdale Volunteer Fire Department (WVFD) on June 25, 2019 for an unannounced 9S Ratings Inspection that was conducted by Derrick Clouston, Vernon Ward, Tony Bailey and Jerry Coble. Mr. Young stated he did not participate in the inspection but was only present at the request of the OSFM. On June 26, 2019, Mr. Young stated he briefed the County Manager that the inspection took place. On July 3, 2019, Mr. Young said the OSFM met with him and advised that they would be opening up an investigation of the WVFD certification based on their findings of their unannounced 9S inspection. Mr. Young noted that on August 8, 2019 he received Notice of the WVFD 9S Certification Failure and Decertification from the OSFM. The effective date of the WVFD decertification is October 8, 2019 at which time the rating will change from a Class 9E to a Class 10. Mr. Young introduced Mr. Derrick Clouston, Deputy Director for Training, Ratings, Government Services of the NC Office of State Fire Marshal to present the findings of OSFM recent certification inspection of WVFD. Mr. Clouston briefed the Board on the OSFM findings as follows: August 19, 2019 13 August 19, 2019 14 August 19, 2019 15 August 19, 2019 16 August 19, 2019 17 August 19, 2019 18 August 19, 2019 19 August 19, 2019 20 August 19, 2019 21 August 19, 2019 22 August 19, 2019 23 August 19, 2019 24 August 19, 2019 25 August 19, 2019 26 August 19, 2019 27 August 19, 2019 28 August 19, 2019 29 August 19, 2019 30 August 19, 2019 31 August 19, 2019 32 August 19, 2019 33 August 19, 2019 34 August 19, 2019 35 August 19, 2019 36 August 19, 2019 37 August 19, 2019 38 August 19, 2019 39 August 19, 2019 40 August 19, 2019 41 August 19, 2019 42 August 19, 2019 43 August 19, 2019 44 August 19, 2019 45 August 19, 2019 46 Mr. Clouston stated the WVFD has the option to appeal the decertification anytime by the deadline of October 8, 2019. Any such appeal will go before the Department of Insurance and will scheduled by the Department of Insurance. Mr. Clouston stated the current status of the WVFD is probationary until October 8, 2019. The appeal process will put off the decertification date until such time the appeal is resolved. Vice Chairman Jeffers asked staff if any payments have been expended for Fiscal Year 2019-2020 to which staff confirmed no payments have been made for the current fiscal year due to contract violations (submittal of audit and other documentation required to receive payments). Interim Assistant County Manager and Budget Manager, Laura Jensen confirmed $123,000 was expended to WVFD in previous Fiscal Year 2018-2019. WVFD Board of Directors President, Ronnie Womack and current Chief, James Royster were present and stated the information was felonious and erroneous noting they had retained the services of an attorney to address the issues. Chairman Newell stated his concerns with increasing the fire tax for the County with the goal to lower the fire rating for residents to in turn, pay for the fire tax increases on the tax bills. He suggested implementing a countywide fire system. Chairman Newell asked the County Attorney about any liability related to insurance premiums, protection of members, worker’s comp, etc. County Attorney, Ron Aycock stated he would like to further research any such liability, however, he noted the WVFD is operated by a 501c3 non-profit which would negate liability for the county with the exception of political exposure as a result of any adverse effects on the residents. Vice Chairman Jeffers noted call volume, reports of WVFD being called off due to no one showing up and that mutual aid by the City of Roxboro and other neighboring VFDs. Mr. Young stated the WVFD contract was breached with the state regulations for the number of volunteers being below the required 19 members. In preparation of the October 8, 2019 decertification of WVFD, Mr. Young said for the short-term, he has spoken with three bordering fire departments that are willing to provide fire services coverage. As far as a long-term plan, Mr. Young noted he has one VFD interested in placing a substation in the Woodsdale area which would cause the fire district maps and contracts to be approved. Alternatively, another option would be for the community to step up and dissolve the current board. There are only 3-4 members currently serving on the WVFD board of directors. Mr. Aycock stated the county contract was written that if the VFD fails to conform to any one of the terms or conditions contained in the contract, the County shall notify the VFD in writing, which provides for 30 days to correct such breach, after which, if there is no resolution, the County may terminate its agreement with the VFD. August 19, 2019 47 When asked about the annual maintenance, WVFD Chief James Royster responded that a certified mechanic provides maintenance to the fire truck. He added that the individual requesting to be taken off the roster had not been counted nor had the WVFD used the email or mail addresses. WVFD Board of Directors’ President, Mr. Womack said a disgruntled former volunteer provided information to the OSFM. Vice Chairman Jeffers stated the Board was dealing with two issues: 1) tax payer’s money and 2) public safety. With the short-term plan through mutual aid with fire department, Vice Chairman Jeffers stated until the WVFD gets an audit that no county funds can be dispersed. Mr. Aycock stated the WVFD assets, real property and the personal property are owned by the non-profit. The County does not have any direct control over the assets. He added the County has an interest in assuring those assets continue to be available for the purpose for which they were funded (providing services to the citizens in the area.) Ms. York stated the Board could take action to give a 30-day notice of violation of contract noting the process of the appeal is not a county issue. She noted Mr. Young has a plan to prevent the district from going to a 10 rating. Vice Chairman Jeffers suggested a notice to the same timeframe as the state, October 8, 2019. Commissioner Clayton asked to consider a notice that corresponds with the resolution of the appeal, if an appeal is optioned noting WVFD is still operating under a probationary status as a fire department until October 8 or until the appeal is resolved. Ms. York clarified that the audit is one requirement of the contract. Should the audit come back with issues, funding will be withheld until such time the corrected actions are resolved. Mr. Womack asked how long do they have to produce an audit. Mr. Young stated the contract specified the audit was due last April 2019; he also noted other documentation was due with the audit, i.e. bond report, roster of 19 members, board member listing, etc., as specified in the contract. A motion was made by Vice Chairman Jeffers and carried 5-0 to serve the Woodsdale Volunteer Fire Department notice of breach of contract to coincide with October 8, 2019. August 19, 2019 48 SPUNTECH APPEAL OF LATE LISTING PENALTY: Tax Administrator, Russell Jones explained the tax office’s procedures related to listing forms. He said the tax office mails listing forms to businesses and individuals late December each year in order to facilitate the accurate listing of all taxable personal property. Forms are mailed to taxpayers that are currently on the tax rolls (either listed the previous year or a known new business). Mr. Jones stated this amounts to over 8,000 forms being mailed. However, not receiving a form by mail does not relieve the taxpayer from listing simply because they did not receive a form. Mr. Jones noted the tax office processes the receipt of listing forms daily to document timely filings and honor the United States Postal Service postmarks. Mr. Jones further noted that the tax office grants numerous extensions. Extensions must be requested before the end of the listing period, January 31. For 2019, Mr. Jones stated they received 290 timely requests for extensions, and all were granted an extension to April 15, 2019. Mr. Jones said the tax office received one (1) late request for extension, Spuntech, which was denied based on the extension request not being timely filed. Mr. Jones said the tax office processes numerous late filings. For 2019, there were 2,213 late returns filed. All late listings were charged the required 10% penalty. Of the 290 extensions granted, 30 missed the extended deadline, and therefore were charged the required 10% penalty. There were two (2) other large charges for 2019 for $7,082.23 and $4,909.47, and 22 charges between $100 and $400 with 1,712 charges under $10. Mr. Jones stated one company has paid over $79,000 in late listing penalties in past years due to five late listings. Since the penalty for late listing is a percentage, and not a flat rate, each penalty is fairly computed and based on the taxes due on the late listed property. It would be unfair to release a penalty solely due to the fact that the 10% penalty was a large amount, or to release a penalty simply due to the fact that it was small. Mr. Jones told the group that the Board of Commissioners has heard appeals for late listing in the past years with all late penalties having been upheld. Mr. Jones presented a request to the Board from Spuntech. Spuntech has been assessed a 10% late listing penalty for failure to meet the deadline for listing their 2019 property taxes. The penalty is $46,228.16, which is a combination of county penalty ($44,549.91) and fire tax penalty ($1,678.25). Mr. Jones presented the facts of the case as follows: 1. The deadline for listing property taxes was January 31, 2019 as required by NCGS 105-307. 2. The tax office mailed a listing form to Spuntech on or around December 23, 2018. August 19, 2019 49 3. The completed listing form was not returned to our office before the deadline of January 31, 2019. 4. After the deadline of January 31, but on February 5, 2019, the tax office received an email from Mr. Daniel Sharon, representing Spuntech, requesting an extension of the listing deadline until April 15, 2019. 5. The request for an extension was denied, in compliance with NCGS 105-307(c), which allows for extensions only if requested before the end of the normal listing period. 6. The tax office properly applied NCGS 105-312(h) in computing the required penalty for the late listing. The taxpayer has raised no issue with the application of the penalty, but specifically requests an exception be applied to their case. 7. A timely appeal has been filed by Spuntech. The late listing penalty cannot be waived by the county assessor. The power to compromise late listing penalties is under the authority of the Board of County Commissioners, as per NCGS 105-312(k). Mr. Jones stated that while it may seem simple to alter the penalty for late listing for this taxpayer, it would open up other appeals and be viewed as unfair by other taxpayers that have been charged under similar circumstances. He requested the Board to uphold the penalty noting by state statutes deadlines are important to the tax office. Mr. Daniel Sharon, Spuntech Controller requested leniency from the Board on this issue noting it was a slip-up; he said Spuntech likes the County and wants to continue to expand in the County. A motion was made by Vice Chairman Jeffers and carried 5-0 to uphold the penalty. Ms. Sharon voiced his displeasure with the action by the Board; he said it would have morbid effects on future investments in Person County as the County was not showing good faith towards Spuntech. August 19, 2019 50 REVISION OF COUNTY PAY PLAN WITH COMPRESSION STUDY IMPLEMENTATION: County Manager, Heidi York stated the County’s current Personnel Policy states that new employees are hired at a “hiring rate” and upon successful completion of a probationary period (either nine or twelve months depending on the level of the position) employees receive an increase of 5% to the minimum pay rate of the position. The implementation of the Compression Study eliminated the hiring rate, advancing the pay for positions to the minimum salary. New employees will now be hired at the minimum rate for those departments impacted in the Compression Study this Fiscal Year. These changes went into effect July 5, 2019. The remaining departments will continue to have a hiring rate and a probationary increase until phase two of the Study is implemented next Fiscal Year. Ms. York noted that due to these changes in the pay plan, the Personnel Policy needs to be revised for accuracy and clarity. Removing the 5% probationary increase will also prevent further compression issues of new employees advancing beyond longer term employees. The County’s Merit Pay program will now begin at the employee’s one-year anniversary with a performance review to determine whether the employee is eligible for a 0, 2, or 3% increase. Ms. York requested the Board to direct staff to have an addendum to the Personnel Policy reflecting the implementation of the Compression Study, eliminating a hiring rate and a probationary increase following the successful probationary period, while allowing employees to be eligible for merit pay at their one year employment anniversary; effective July 5, 2019 for those departments impacted in the Compression Study this Fiscal Year. A motion was made by Commissioner Clayton and carried 5-0 to direct staff to have an addendum to the Personnel Policy reflecting the implementation of the Compression Study, eliminating a hiring rate and a probationary increase following a successful probationary period, while allowing employees to be eligible for merit pay at their one year employment anniversary; effective July 5, 2019 for those departments impacted in the Compression Study this Fiscal Year. August 19, 2019 51 APPOINTMENT TO JUVENILE CRIME PREVENTION COUNCIL: Clerk to the Board, Brenda Reaves presented the following application for Board consideration for reappointment: Juvenile Crime Prevention Council 2-Year Term: 1 position for the Chief of Police or his designee 1) Lieutenant Ricky Hughes requested reappointment A motion was made by Commissioner Puryear and carried 5-0 to reappoint Lieutenant Ricky Hughes to the Juvenile Crime Prevention Council to represent the Chief of Police for a 2-year term. CHAIRMAN’S REPORT: Chairman Newell had no report. MANAGER’S REPORT: County Manager, Heidi York had no report. COMMISSIONER REPORT/COMMENTS: Commissioner Clayton reported that the Kerr Tar Annual Awards Banquet will be held in Person County on September 26, 2019 at the Homestead Festival House. He stated he is the outgoing Chairman this year. Vice Chairman Jeffers reported on a Medicaid state change noting Person County is in the first region to enforce the changes. He noted the health providers have placed an Outreach Coordinator in the county; the Outreach Coordinator is housed at the Department of Social Services to assist citizens in reviewing and selecting plans by September 21, 2019. There were no reports offered by Commissioners Powell and Puryear. August 19, 2019 52 CLOSED SESSION #1 A motion was made by Vice Chairman Jeffers and carried 5-0 to enter Closed Session at 10:46am per General Statute 143-318.11(a) (5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and Interim Assistant County Manager, Laura Jensen. A motion was made by Vice Chairman Jeffers and carried 5-0 to return to open session at 10:58am. CLOSED SESSION #2 A motion was made by Vice Chairman Jeffers and carried 5-0 to enter into Closed Session at 11:01am per General Statute 143-318.11(a)(6) to consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee for the purpose to discuss personnel with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves and County Attorney, Ron Aycock. A motion was made by Commissioner Powell and carried 5-0 to return to open session at 11:14am. A motion was made by Vice Chairman Jeffers and carried 5-0 to increase the County Manager’s salary by 3% merit pay for performance as well as a 1.5% certification increase for a Credentialed Manager designation earned from the International City/County Management Association following her annual performance evaluation. ADJOURNMENT: A motion was made by Commissioner Powell and carried 5-0 to adjourn the meeting at 11:16am. _____________________________ ______________________________ Brenda B. Reaves David B. Newell, Sr. Clerk to the Board Chairman