12-02-2019 Meeting Minutes BOC
December 2, 2019
1
PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 2, 2019
MEMBERS PRESENT OTHERS PRESENT
B. Ray Jeffers Heidi York, County Manager
David B. Newell, Sr. C. Ronald Aycock, County Attorney
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
Gordon Powell
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, December 2, 2019 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Newell called the meeting to order. Commissioner Clayton offered an
invocation. Chairman Newell asked boy scouts, present in the audience, to lead the group
in the Pledge of Allegiance.
Chairman Newell turned the gavel over to the County Attorney to preside over the
meeting for the Organization of the Board.
ORGANIZATION OF BOARD:
County Attorney, Ron Aycock presided over the meeting and explained the rules
of procedure for the election of Chairman and Vice-Chairman noting reorganization of the
board of commissioners was held at the first meeting in December for a term of the ensuing
year.
Mr. Aycock presided over the election of the Chairman of the Board of
Commissioners and opened the floor for nominations.
Commissioner Newell nominated Commissioner Jeffers as Chairman.
Commissioner Puryear nominated Commissioner Powell as Chairman.
There were no further nominations.
A motion was made by Commissioner Newell and carried 5-0 to close
nominations for Chairman.
By show of hands, Commissioners Puryear and Powell voted for Commissioner
Powell for Chairman.
By show of hands, Commissioners Newell, Jeffers and Clayton voted for
Commissioner Jeffers for Chairman.
Commissioner Jeffers was elected the Board’s Chairman by a simple majority
vote.
December 2, 2019
2
Newly elected Chairman Jeffers opened the floor for nominations for Vice
Chairman of the Board of Commissioners.
Commissioner Clayton nominated Commissioner Newell as Vice Chairman.
Commissioner Powell nominated Commissioner Puryear as Vice Chairman.
A motion was made by Commissioner Puryear and carried 5-0 to close
nominations for Vice Chairman.
Commissioners Powell and Puryear voted for Commissioner Puryear for Vice
Chairman; Commissioners Clayton, Jeffers and Newell cast dissenting votes.
Commissioners Clayton, Jeffers and Newell voted for Commissioner Newell for
Vice Chairman; Commissioners Powell and Puryear cast dissenting votes.
Commissioner Newell was elected the Board’s Vice Chairman by a simple
majority vote 3-2.
APPROVAL OF BONDS FOR THE FINANCE DIRECTOR, THE REGISTER OF
DEEDS, THE TAX ADMINISTRATOR, AND THE SHERIFF:
County Attorney, Ron Aycock stated Chapter 161 (Register of Deeds) and 162
(Sheriff) of the North Carolina General Statutes requires the Board of County
Commissioners to approve the official bonds at the first meeting in December. The Bonds
are a continuation of existing bonds and were secured by the County Human Resources
Director, who also serves as Insurance Liaison. The Human Resources Director provided
information that the Sheriff’s bond, in the amount of $25,000, is for the length of his term.
The Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the
Tax Administrator and Finance Director (amount of each Bond is dictated by legislature).
Mr. Aycock requested Board approval of the Bonds of the Finance Director, the
Register of Deeds, the Tax Administrator and the Sheriff as presented.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the Tax
Administrator and Finance Director as well as $25,000 for the Sheriff.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
December 2, 2019
3
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Steven Bailey of 2210 Haywood Bailey Road, Roxboro, and the Board of
Health Chair stated his support of the request on the Board’s agenda to unfreeze the
positions at the Health Department so that staff may recruit and fill as needed following
the County Manager’s approval. He noted the Board of Health addressed this issue at its
recent meeting with all members in favor of the request going to the Board of
Commissioners.
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 November 18, 2019, and
B. Budget Amendment # 11
NEW BUSINESS:
FIRE MARSHAL POSITION:
Chairman Jeffers stated the Volunteer Fire Chiefs are requesting consideration of a
Fire Marshal position. Chairman Jeffers yielded the floor to Mr. Bruce Lynch, Fire Chief
for the Moriah VFD to speak on the Fire Chief’s request.
Mr. Lynch requested the Board of Commissioners to reinstate the Fire Marshal
position to assist the VFDs in the day-to-day operations, to govern the VFDs, and to serve
as a form of law enforcement in the fact that VFDs have no one to call upon in the case of
fire investigations and illegal burnings. Mr. Lynch stated reinstatement of the Fire Marshal
position would greatly assist the VFDs to move forward with lowering the ISO rating.
Vice Chairman Newell asked Mr. Lynch if all the Fire Chiefs were in agreement to
work with a Fire Marshal and to take instructions to which Mr. Lynch stated he has only
heard positive statements for having a Fire Marshal however, he stated the County needs
to hire the best candidate.
Commissioner Powell asked if the job description was the same as in 2006 to which
County Manager, Heidi York said the 2006-job description that was shared was prior to
including 911 communication duties, which no longer applied; the updated job description
that was shared only included fire marshal duties. Commissioner Powell asked who would
do the hiring of the position to which Ms. York stated county staff would hire. Chairman
Jeffers added his recommendation that this position report to the County Manager.
December 2, 2019
4
Ms. York stated the job description was not a department head level and typically
would fall under an Emergency Services Director type position, as Department Heads
supervise staff and have large budgets. Ms. York said additional duties could be added to
make it a department head level.
Chairman Jeffers asked Ms. York about the Fire Inspector position being moved
from Inspections to the Fire Marshal for supervisory duties for a more competitive salary
to entice the right person to apply. Mr. Lynch stated many counties have a Fire Marshal I,
II and III positions noting that was the type of person to target (someone already trained
that currently did not have an opportunity to advance).
Chairman Jeffers asked the Board to consider taking action to hire a Fire Marshal
along with his recommendation to place the Fire Inspector under this position and direct
staff to bring back more information.
Commissioner Clayton stated his support but wanted the Fire Chiefs to work with
the Fire Marshal noting it was getting hard to get volunteers to serve; all could agree times
have changed.
A motion was made by Chairman Jeffers and carried 5-0 to reinstate the Fire
Marshal position with supervisory duties for the Fire Inspector with a recommendation on
salary from staff to be brought back to the Board.
Ms. York stated she would need to bring back a request for funding for the Board
to approve to reinstate the Fire Marshal position. Chairman Jeffers noted that the
Contingency Fund could cover the costs for the remainder of this budget year to which Ms.
York confirmed.
TAXPAYER APPEAL OF LAND/HOMES ON DURHAM RD:
Tax Administrator, Russell Jones stated before the Board of Commissioners was a
taxpayer appeal for three properties located on Old Durham Road. Mr. Jones went on to
explain the reason for a tax appeal for 2019 in the month of December when the Board of
Commissioners has appointed a special board to hear appeals. Mr. Jones noted as of
January 1, values are established, but not all properties are evaluated by the time the Board
of Equalization and Review is in session. In order to protect the taxpayer’s rights in the
case where a value is not determined by the time the Board of Equalization and Review
adjourns its session, the taxpayer may use the tax bill as notice of a change in value.
Mr. Jones presented the following summary of the events to the Board of
Commissioners noting the taxpayer, Mr. Michael Slaughter, was present to share
information with the Board of Commissioners.
December 2, 2019
5
Madison Boulevard and Durham Road (Northern Section) is mainly a commercial
district. Today, there are only 13 single-family dwellings on this just over 3-mile
strip of highway. Most of these single-family dwellings are over 70 years old.
There are three other single-family dwellings located along this strip that are now
used for commercial purposes (used car sales, insurance agency, and hair salon).
During November 2019, two single family dwellings were torn down.
The highest and best use of land on this strip is commercial, as proven by current
uses. The value of a property with a single-family dwelling is mostly land value.
The taxpayer purchased three properties on 10/19/2018 for $127,000. All three
properties are considered improved parcels, with single-family dwellings, built in
1923. The taxable value at time of purchase was $221,776 for all three properties.
Shortly after purchase and as early as November 20, 2018, the taxpayer obtained
building permits for various improvements to the properties (heating/air systems,
plumbing, electrical panel replacement, etc.).
The taxpayer may appeal the assessed value of their property during January of
each year, which is considered an informal appeal. The taxpayer did not file an
informal appeal during January 2019, even though his purchase price was lower
than the taxable value.
The taxpayer may also file a formal appeal while the Board of Equalization and
Review is in session, which occurs during the month of April. The taxpayer did
not file a formal appeal with the Board of Equalization and Review.
Shortly after January 1, 2019, staff visited the properties in order to assess any
changes in taxable value based on the building permits/improvements. Based on
these visits, the taxable value increased to $244,853 for all three properties. Staff
did not enter the dwellings, but verified that improvements to the properties were
in progress. The total increase in the taxable value was $23,077.
The tax office mailed tax bills on or around July 23, 2019, which also served as
notice to the taxpayer that his taxable value had changed.
The taxpayer filed an informal appeal within 30 days of receiving their tax bill.
Staff meet with the taxpayer.
The taxpayer shared a “Residential Property Valuation Request Form-26037” that
had been completed by Fidelity Bank on October 4, 2018 prior to purchase. This
report was an Internal Evaluation and not an appraisal. In addition, the report was
clearly marked as CONFIDENTIAL and stated, “This report may NOT be relayed
to or relied upon by persons outside of the Bank”.
The on-going improvements, the status of the improvements as of January 1, along
with other repairs that needed to be done were discussed in detail with the taxpayer.
Based on the information exchanged during the informal appeal, the tax office
adjusted the net total taxable value to $223,347, which lowered the total taxable
value of all three properties by $21,505, and made the increase in the 2019 taxable
value $1,571. Notice of the new taxable value was mailed to the taxpayer on
October 17, 2019.
December 2, 2019
6
On October 25, 2019, the taxpayer “hand delivered” his formal appeal forms. On
the appeal forms, the taxpayer indicated that the value as of January 1, 2019, and
based on the January 1, 2013 schedule of values, should be $45,000 for each of
these properties, for a total value of $135,000.
On November 25, 2019, the tax office returned the copies of the “Residential
Property Valuation Request Form-26037” that had been provided to our office to
forward to the Board of County Commissioners as part of this appeal and taxpayer
evidence. The copies were returned based on the statement that the report was
“CONFIDENTIAL”. These may be provided by the taxpayer if he has been given
permission by Fidelity Bank. There were numerous attempts by the tax office and
the taxpayer to get permission to include the taxpayer’s evidence.
The report provided by the taxpayer is not an appraisal, however, it was a
“Residential Property Valuation Request Form-26037”. This report is
“CONFIDENTIAL” and should only be used for loan purposes, as stated in the
report on numerous occasions.
Also, the “Residential Property Valuation Request Form-26037” states that the
properties were inspected and found to be in average condition with no evidence of
necessary repairs that have not been done. However, later in the same report, it
states that the properties were in poor condition with extensive repairs needed.
A purchase price of three properties on October 18, 2018 does not provide clear
evidence to dispute the re-appraisal that was completed for January 1, 2013.
The land value of the three properties is consistent with other properties in the area,
which is supported by sales around the valuation period of January 1, 2013. The
total taxable value of $223,347 has a total land value of $163,900 with
improvements valued at $59,447.
The taxpayer has not submitted substantial evidence to show that the January 1,
2013 Schedule of Values was not properly applied in the valuation of his three
properties.
The taxpayer has not submitted any evidence that shows what the value should have
been on January 1, 2013, as required by law.
Mr. Jones stated the Real Property Value Changes in Non-Reappraisal Years are
governed by North Carolina General Statute 105-387 as follows:
Parcel # 2018 2019-
Billed
2019-
Adjusted
2020
18 2 75,096 82,346 72,782 78,051
18 3 76,516 86,450 80,402 86,752
18 4 70,164 76,057 70,164 70,164
Total 221,776 244,853 223,348 234,967
December 2, 2019
7
Mr. Slaughter said he purchased three houses adjacent to DPC Pawn & Gun Shop
for $127,000 and was appealing the valuation based on an Alternative Transaction Value
Report whereby a realtor agent and the bank did not agree with the County’s value. Mr.
Slaughter noted the state of the houses, when purchased, was very poor. He added that
plumbing and electrical were redone this year. Mr. Slaughter stated he was trying to get
the value at $45,000 per house and he knew the values would increase in 2020 due to the
renovations. Mr. Slaughter told the group an appraisal was not required for the purchase
and he did not want to spend the money for an appraisal if not needed. He added the sale
was not under duress.
Mr. Jones stated an adjustment was made due to the structural conditions making
the total increase by $1,571. He noted the biggest difference was reflected in the purchase
price which was approximately one-half of where the County started with its value. Mr.
Jones said the 2019 adjusted value totaled $223,348 for the three parcels; the houses were
valued at $59,447 for the three.
Commissioner Puryear stated fair market value was $127,000 for the purchase of
the three parcels that were not a foreclosure or a sale under duress.
A motion was made by Commissioner Puryear and carried 3-2 to change all three
parcels taxable value on the tax cards to $43,000, which would be just above fair market
value. Commissioners Puryear, Powell and Vice Chairman Newell voted in support of the
motion; Chairman Jeffers and Commissioner Clayton voted in opposition to the motion.
December 2, 2019
8
REQUEST TO UNFREEZE HEALTH DEPARTMENT POSITIONS:
Health Director, Janet Clayton recalled that on June 17, 2019, the Board of
Commissioners voted to freeze the hiring of all vacant Health Department positions. On
July 22, 2019 the Board approved three positions to hire. On November 7, 2019, a
workgroup met to assess the service needs of the community; the workgroup members
included the Chair and Vice Chair of the Board of Health, Steven Bailey and Jeffrey
Noblett, Commissioners Powell and Puryear, Board of Health members Kimmie
Yarborough and Ben Tillett as well as the Health Director and newly hired Nursing
Supervisor Tabitha Philpott; the findings of the work group was to formally request the
Board of Health to recommend unfreezing of the remaining four positions to the Board of
Commissioners to provide these needed services to the residents of Person County due to
transportation barriers and barriers of the individuals to be seen locally and to staff the
agency efficiently to provide such services. Ms. Clayton told the group that as is the current
procedure, the positions would only be recruited and filled after receiving approval from
the County Manager. She added that unfreezing the positions would allow flexibility to
hire the positions and classifications needed and most beneficial to the department. The
remaining frozen positions are three Public Health Nurse II positions and one Community
Health Technician position. The cost of these positions are included in the adopted FY2020
budget.
Ms. Clayton stated that since July 8, 2019, the Health Department has assured
maternal health, family planning, and STD services for residents through medical providers
both in Person County and outside of the county. While these services are being provided
by other facilities, the Health Department still incurs costs associated with the services and
is not able to fully access revenue sources due to not directly providing the medical care.
The U.S. Census Bureau estimates there are 4,938 uninsured residents in Person
County and approximately 2,200 of those are females. The number of uninsured and
underinsured individuals has increased since 2015 despite insurance options offered by the
Affordable Care Act. Currently, there are no obstetricians or full-time gynecologists
providing care in Person County. Individuals who need maternity care, family planning
services, or STD diagnosis and treatment are having to seek care both in and outside of
Person County. Additionally, there are no other local providers who utilize a zero-sliding
fee scale.
Ms. Clayton stated to reduce access to care barriers and to better meet the needs of
Person County residents, the Health Department was making strides to rebuild the maternal
health program followed by the STD and family planning services. The unfreezing of the
aforementioned positions would provide flexibility of hiring staff, improve the efficiency
of the hiring process, and provide local coverage of these services for Person County
residents as the Health Department moves forward without the need to appear before the
Board of Commissioners to request each hiring request.
December 2, 2019
9
Chairman Jeffers asked Ms. Clayton about the expenses incurred since the positions
were frozen to which she noted invoices have been received from Lab Corp and Person
Family Medical Center for approximately $24,000. She added that Durham County has
provided in-kind maternal health services with the assumption that the County Health
Department would resume providing such services. Ms. Clayton stated the revenues were
harder to estimate due to the type(s) of coverage or lack thereof by each client.
Vice Chairman Newell asked Ms. Clayton how many people are seen daily at the
Health Department to which she noted only eight people per day due to immunizations was
the only service being offered as compared to an average of thirteen per day last year. Vice
Chairman Newell asked Ms. Clayton how many patients were seen at the Health
Department on an annual basis to which she noted there were around 5,200 in 2017 and
4,500 in 2018.
Commissioner Powell stated it was the responsibility of the Board to take care of
the County’s residents and providing services to those in the County that cannot afford was
the department’s priority. He added there had been times when patients were turned away
at the alternative provider.
Commissioner Puryear expressed his displeasure at the Board of Commissioners
interrogating the Health Director with so many questions when the funding was already
included in the approved budget; he advocated to allow the Health Director to do her job
without having to come before the Board to gain approval for the needed staff to build
services so that Person County residents will not have to go elsewhere.
Commissioner Clayton asked Ms. Clayton questions related to reimbursement and
following the patient once treated by another provider. Ms. Clayton noted the Health
Department did not receive funds for following the patient as they were not providing
pregnancy care management.
Vice Chairman Newell asked the County Manager for her opinion. County
Manager, Heidi York stated the County has to offer services for people who cannot afford
to pay and she found it embarrassing that pregnant mothers had to travel out of county for
such services that were offered in the past. She added the current process was inefficient
and recommended that the Board of Commissioners unfreeze the positions to be filled on
an as needed basis noting staff are constantly scrutinizing positions in all departments.
A motion was made by Commissioner Puryear and carried 5-0 to approve the
unfreezing of the three Public Health Nurse II positions and one Community Health
Technician position.
December 2, 2019
10
FISCAL YEAR 2020-2021 BUDGET CALENDAR:
County Manager, Heidi York stated a budget calendar was developed for the
Board’s adoption, outlining a schedule for the timing of the budget process. She noted a
Board Retreat was proposed for February 3rd, along with the Capital Improvement Plan
adoption in April, Presentation of the Recommended Budget in May, a required Public
Hearing on June 1st and Adoption of the FY2020-2021 Budget Ordinance on June 15th.
The dates outlined are subject to change if needed, but this will facilitate an organized
budget process for staff and elected officials.
A motion was made by Vice Chairman Newell and carried 5-0 to adopt the Fiscal
Year 2020-2021 Budget Calendar, as presented.
December 2, 2019
11
PERSON COUNTY GOVERNMENT
FISCAL YEAR 2020-2021 BUDGET CALENDAR
Date Task
Mon/Dec. 2, 2019* BOCC adopts FY21 budget calendar
Wed/Jan. 15, 2020 CIP Requests due to Assistant County Manager
Fri/Jan. 31, 2020 Personnel forms due to Human Resources
Fri/Jan. 31, 2020 Final insurance costs due
Mon/Feb. 3, 2020* Board of County Commissioners Annual Retreat
Mon/Feb. 10, 2020 Distribution of budget training manual to departments
and fee schedule requests
Thurs/Feb. 20, 2020 Departmental budget requests for operating & capital
due to Finance and fee schedule requests due to
Assistant County Manager
Tues-Fri/Mar. 10-20, 2020 Departmental budget presentations with County
Manager
Mon/April 6, 2020* FY21 CIP presented to Board of Commissioners
Mon/April 20, 2020* Adoption of FY21 CIP
Mon/ May 18, 2020* County Manager presents recommended budget
Mon/June 1, 2020* BOCC holds Public Hearing on recommended budget
Tues-Fri/June 2-12, 2020 Potential BOCC budget work sessions
(specific dates to be scheduled)
Mon/June 15, 2020* Adoption of FY21 Annual Budget Ordinance
Wed/July 1, 2020 FY21 budget available in accounting system
Mon/Aug. 3, 2020 Adopted budget document finalized and available online
* denotes a Board of Commissioners meeting date.
December 2, 2019
12
CHAIRMAN’S REPORT:
Chairman Jeffers thanked his fellow commissioners for the opportunity to serve as
Chairman noting he looked forward to working with all of them.
MANAGER’S REPORT:
County Manager, Heidi York reported she had hired a Human Resources Director
who started with Person County this date; Ms. York said she would introduce her to the
Board at a future meeting.
COMMISSIONER REPORT/COMMENTS:
Commissioner Powell commented on the $20M sizeable investment OBX Extracts
has made in Person County noting sixty people has been employed with this growing hemp
processing company.
Commissioner Clayton reported the annual Kiwanis Club Pancake Day would be
held on December 7th.
Commissioner Puryear reported the Jingle on Main Uptown event would be taking
place on December 5th.
Vice Chairman Newell had no report.
ADJOURNMENT:
A motion was made by Vice Chairman Newell and carried 5-0 to adjourn the
meeting at 8:19pm.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman