BOC Minutes December 4_ 2017approve
December 4, 2017
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PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 4, 2017
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, December 4, 2017 at 7:00pm in the Commissioners’ meeting
room in the Person County Office Building.
Chairman Kendrick called the meeting to order. Vice Chairman Powell gave an
invocation. Chairman Kendrick asked boy scouts present in the audience to come forward
to lead the group in the Pledge of Allegiance.
RECOGNITION
RESOLUTIONS OF APPRECIATION:
Chairman Kendrick read and presented a Resolution of Appreciation to two
individuals retiring their service with Person County: Pamela Wood and Edwin Outlaw.
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Chairman Kendrick 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 is 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 Puryear nominated Commissioner Kendrick as Chairman. There
were no further nominations.
A motion was made by Commissioner Powell and carried 5-0 to close
nominations for Chairman.
By acclamation Commissioner Kendrick was named the Chairman of the Board of
Commissioners for the ensuing year.
Chairman Kendrick opened the floor for nominations for Vice Chairman of the
Board of Commissioners.
Commissioner Puryear nominated Commissioner Powell as Vice Chairman.
Commissioner Clayton nominated Commissioner Jeffers as Vice Chairman.
It was the consensus of the Board to close the nominations for Vice Chairman.
By show of hands, Commissioners Clayton and Jeffers voted to elect
Commissioner Jeffers as Vice Chairman.
By show of hands, Chairman Kendrick and Commissioners Puryear and Powell
voted to elect Commissioner Powell as Vice Chairman.
Commissioner Powell was elected Vice Chairman by a majority vote 3-2.
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APPROVAL OF BONDS FOR THE FINANCE DIRECTOR, THE REGISTER OF
DEEDS, THE SHERIFF, AND THE TAX ADMINISTRATOR:
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 Sheriff and the Tax Administrator 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:
Chairman Kendrick stated Commissioner Jeffers has requested to defer the item on
the agenda for the Woodsdale Community complaints about blasting to the first meeting in
January 2018. Commissioner Clayton asked for an item to be added to the agenda for a
request by DHHS for a Cardinal nomination for a commissioner representative.
A motion was made by Commissioner Puryear and carried 5-0 to remove the item
on the agenda related to the Woodsdale Community complaints about blasting and to add
an item for a request by DHHS for a Cardinal nomination for a commissioner
representative and to approve the agenda as adjusted.
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PUBLIC HEARING:
REQUEST FOR THE ADDITION OF CANTER CREEK TRL, A PRIVATE
ROADWAY TO THE DATABASE OF ROADWAY NAMES:
A motion was made by Vice Chairman Powell and carried 5-0 to open the duly
advertised public hearing for the request for the addition of Canter Creek Trl, a private
roadway to the roadway database.
GIS Manager, Sallie Vaughn presented a request to the Board for the addition of
Canter Creek Trl, a private roadway to the database of roadway names used for E-911
dispatching. Ms. Vaughn stated the proposed private roadway will be located to the north
of Leasburg Rd between Hamlin Dr and the Jones Lester Rd/Robert Norris Rd intersection
in Roxboro Township. Ms. Vaughn explained that two private residences were located on
a private driveway off Leasburg Rd and with the addition of the third private residence on
this driveway, Article IV, Section 402 H of the “Ordinance Regulating Addresses and Road
Naming in Person County required any private roadway serving three or more homes to be
officially named. Ms. Vaughn said that the addition of the proposed roadway will require
occupants of the two existing residences to change their addresses to reflect the new
roadway name. Ms. Vaughn noted the adjacent property owners were contacted via
certified mail at the time permits were obtained for the new residence. At a meeting on
November 2, 2017 all involved parties agreed upon a single road name, Canter Creek Trl,
which is in compliance with all naming regulations in the Ordinance.
North Carolina General Statute 153A-239.1(A) requires a public hearing be held
on the matter and public notice be provided at least 10 days prior in the newspaper. The
required public notice was published in the November 22, 2017 edition of the Courier-
Times. A sign advertising the public hearing was placed at the proposed roadway location
on the same date.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request for the addition of Canter Creek Trl, a private roadway to the
roadway database.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for the request for the addition of Canter Creek Trl, a private roadway to the
roadway database.
CONSIDERATION TO GRANT OR DENY REQUEST FOR THE ADDITION OF
CANTER CREEK TRL, A PRIVATE ROADWAY TO THE ROADWAY
DATABASE:
A motion was made by Commissioner Clayton and carried 5-0 to approve the
request for the addition of Canter Creek Trl, a private roadway to the roadway database.
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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. Budget Amendment #9,
B. Tax Adjustments for December 2017,
a. Tax Releases, and
b. NC Vehicle Tax System pending refunds
UNFINISHED BUSINESS:
FIRE TAX CONSIDERATIONS:
Tax Administrator, Russell Jones stated he was providing more information as a
follow up to the Board's November 20, 2017 meeting whereby representatives from the
volunteer fire departments presented a proposal for the creation of a fire tax beginning in
Fiscal Year 2018-2019.
Mr. Jones said the creation of fire/rescue service tax district offers a mechanism for
isolating a specific area of residents for fire service taxation purposes. According to G.S.
153A-301, a county is “authorized to define one or more areas within the county to
establish a service district to finance, provide, or maintain” services (including fire
protection). There are no statutory restrictions to including a consenting municipality
within a fire service district. The City of Roxboro, by resolution from the City, could be
included, and those citizens would also be charged the fire/rescue service district tax.
Mr. Jones stated that a fire/rescue service tax district is not a separate legal entity
from the County. As such, all control is maintained directly under the Board of County
Commissioners. A fire commission, for example, could serve only in an advisory role, with
the decision of funding remaining with the Board of County Commissioners.
Additionally, there is no statutory cap on taxes that may be levied from a fire service
tax district, as long as combined property and special district taxes do not exceed the
general property tax limit of $1.50 per $100 valuation. The county could adopt a resolution
limiting the tax rate within a fire service district.
Mr. Jones said that upon creation of a fire/rescue service tax district, the Board of
County Commissioners would set an annual tax rate for the district which would be applied
to all property subject to property tax. Generated revenue would be earmarked for
fire/rescue services.
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As the Board of County Commissioners adopts an annual budget/tax rate, a
fire/rescue service district does not guarantee continued level of funding. Like the general
county tax rate, the fire/rescue service district tax rate can be changed each year. This is
no different than the Board of County Commissioners allocating funding from the General
Fund, except that the revenues would be earmarked for the service district.
Mr. Jones described the process as outlined below:
Creating a fire/rescue service district:
The County Board of Commissioners must justify the creation of fire service tax
districts by demonstrating:
1. There is a need for one or more of the authorized services,
2. The proposed services cannot practically be provided to the district on a
countywide basis,
3. The proposed services can be provided without unreasonable or burdensome
tax levies, and
4. There is a demonstrable demand for the proposed services by those who live in
the district.
Necessary steps to create a fire/rescue service district:
1. County must prepare a report that includes maps of the proposed districts, a
statement that the proposed district meets required standards, and a plan for
providing fire services to the district.
2. Any NEW district that is created must be submitted to NCDOR by November
1 for state appraised properties. (This would not apply to a single fire district,
since this district is already defined).
3. The Board of County Commissioners must hold a public hearing on the creation
of the special tax districts no sooner than four weeks after the report has been
published.
4. Once a resolution establishing fire service tax districts has been passed, it may
take effect only at the beginning of the next fiscal year.
Distribution of funds:
1. The funding provided to each fire department still remains an issue. Funds
cannot be disbursed based on Dispatch Lines, as such lines are simply an
administrative boundary.
2. The Dispatch Lines may be used in order to develop a formula for distribution,
however this formula may not provide a fair distribution over time as needs
change per station.
3. A decision on how funds will be distributed, i.e., monthly, as collected.
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Timing:
Mr. Jones stated that if a single fire/rescue service district was established, the tax
office would need to have a couple of months (guidance from the Board of Commissioners
by May 1) in order to update situs charts and billing records to include the new district.
Mr. Jones noted the time frame for establishing separate fire/rescue districts
(different rates for each district) would take approximately 12 months' notice (this option
was not proposed by the Volunteer Fire Departments). Mr. Jones stated a fire commission
could be established for each new district and could have as many or as less as the Board
desired to participate. He added to have separate fire districts would be an administrative
hardship.
Commissioner Jeffers asked what was one cent on the tax rate worth to which Mr.
Jones stated $438,931. Mr. Jones noted to raise the tax rate by one center the affect for a
house valued at $135,000 would be an increase of $13.50.
Commissioner Jeffers asked staff what was the amount generated by one cent on
sales tax to which staff noted they would have to find out for the Board.
Commissioner Jeffers asked if the Board of Commissioners took over the Tourism
Board and directed the use of the occupancy tax funding, could it be used for fire services
to which staff noted legislation dictated that occupancy tax be used for tourism efforts.
Commissioner Jeffers asked questions related to ISO rating affecting property
owners insurance if there were no contract for fire services in place as well as the affect for
response time without VFDs and rescue. County Attorney, Ron Aycock stated there was
no legal mandate to provide fire services and noted for VFDS that are a non-profit status,
its assets must be transferred to another non-profit entity noting each non-profit has its own
Articles of Incorporation that dictate what happens upon dissolution.
Commissioner Jeffers inquired at the millions of costs for a county entity to provide
its own fire services.
Chairman Kendrick stated his support that the County cut from the un-mandated
services that the General Fund currently has funded to assist in helping its citizens by
having the needed fire and police services.
A motion was made by Chairman Kendrick to cut 10% from all un-mandated
services and utilize the approximately $1.65M in funding for the protection of the citizens
for fire services.
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Both Commissioners Jeffers and Puryear agreed it was premature to vote to cut un-
mandated services across the board without knowing the ramifications of such vote.
Commissioner Puryear hinted to another project that may bring a funding resource for the
VFDs request for additional funding and suggested having a referendum for additional
sales tax on an upcoming ballot as a more fair option to property owners.
A substitute motion was made by Commissioner Clayton and carried 5-0 to table
Chairman Kendrick’s motion to the budget discussions.
NEW BUSINESS:
CHANGES TO THE PERSON COUNTY ANIMAL SERVICES ADOPTION FEE:
Animal Services Director, Ron Shaw requested the Board of Commissioner to
approve changes to the adoption fee schedule and to update the Appendix A of the Animal
Services Ordinance with such changes.
Mr. Shaw stated Person County Animal Services would like to increase adoption
fees so to cover the County’s current expenses per animal. The increase would also provide
additional care and vetting to the adoptable animals.
Commissioner Jeffers asked questions related to the voucher offered for
spay/neutering of adoptive pets.
Mr. Shaw asked Ms. Kelly Oakley, Animal Services Shelter Manager to address
the question raised about the voucher program. Ms. Oakley said that currently Woodsdale
was the only veterinarian participating in the voucher program noting others had dropped
out of the program. Ms. Oakley further noted the Shelter was working toward having all
adoptable pets spayed or neutered prior to adoption.
Mr. Shaw told the group that Appendix A reflected the increased rabies fee from
$8 to $10 as adopted as a fee increase change in the budget process and the only other
change was the proposed adoption fee from $100 increased to $150 to cover all the
County’s expenses for adoption included all appropriate vaccinations as outlined below:
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Adoption Fees
Current fees:
Dog Adoption $100
Rabies Vaccine
Parvo Distemper
Pyrantel Pamoate Wormer (round worms)
($75 voucher for spay/neuter)
Cat Adoption $100
Rabies Vaccine
Feline Distemper
Pyrantel Pamoate Wormer
($75 Voucher for spay/neuter)
Proposed Fees:
Dog Adoption $150
Rabies Vaccine
Parvo Distemper
Drontal Plus Wormer (tapes, hooks and whip worms)
Para/Defense Flea and Tick Preventative
HW test
Already Altered
Cat Adoption $150
Rabies Vaccine
Feline Distemper
Pyrantel Pamoate Wormer
Para/Defense Flea and Tick Preventative
Rapid Combo test
Already Altered
A motion was made by Commissioner Puryear and carried 5-0 to approve changes
to the adoption fee schedule and to update the Appendix A of the Animal Services
Ordinance with such changes as recommended by the Animal Services Director.
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BOARD OF COMMISSIONERS 2018 SCHEDULE OF MEETINGS:
County Manager, Heidi York presented to the Board of Commissioners a proposed
2018 Schedule of Meetings for review, input and adoption.
NC General Statute 153A-40 requires the Board of Commissioners to hold a regular
meeting at least once a month.
The Board of Commissioners will hold its regular scheduled meetings in its usual
Boardroom, Room 215 in the County Office Building unless otherwise posted. As
recommended on the Schedule of Meetings, to accommodate attendance, Local
Government Day Board meetings will be scheduled to be held in the County Office
Building Auditorium as the same is done for the Budget Public Hearing.
The proposed Schedule of Meetings presents no conflict with the following
conferences:
NACo Legislative Conference March 3-7 in Washington DC
NACo Annual Conference July 13-16 in Nashville, TN
NCACC Conference August 23-26 in Hickory, NC
Ms. York asked the Board to consider the proposed dates and take action to set the
2018 Schedule of Meetings so to cause copy of such to be distributed and posted on the
bulletin board and county website.
Chairman Kendrick asked consideration to change the meeting proposed on
February 20, 2018 to February 26, 2018. It was the consensus of the group to accept
Chairman Kendrick’s request of a date change.
A motion was made by Commissioner Jeffers and carried 5-0 to adopt the Board
of Commissioners 2018 Schedule of Meetings including the change as requested by
Chairman Kendrick. The final 2018 Schedule of Meetings, as follows, will be distributed
and posted as required by state law.
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Person County Board of Commissioners
2018 Schedule of Meetings
To be held in Room 215 at the Person County Office Building unless otherwise noted
January 8, 2018 7:00 p.m.
January 22, 2018 9:00 a.m.
February 5, 2018 (Board Retreat) 9:00 a.m. Timberlake Public
Safety Satellite Facility
February 26, 2018 9:00 a.m.
March 19, 2018 (Local Gov’t. Day) 9:00 a.m. County Auditorium
April 9, 2018 7:00 p.m.
April 23, 2018 9:00 a.m.
May 21, 2018 9:00 a.m.
June 4, 2018 7:00 p.m. County Auditorium
June 18, 2018 9:00 a.m.
July 2, 2018 7:00 p.m.
August 6, 2018 7:00 p.m.
August 20, 2018 9:00 a.m.
September 4, 2018 (Tuesday) 7:00 p.m.
September 17, 2018 9:00 a.m.
October 1, 2018 7:00 p.m.
October 15, 2018 9:00 a.m.
November 19, 2018 (Local Gov’t. Day) 9:00 a.m. County Auditorium
December 3, 2018 6:30 p.m. Swearing In/
Organizational Meeting
7:00 p.m. Regular Meeting
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FISCAL YEAR 2018-2019 BUDGET CALENDAR:
County Manager, Heidi York stated a budget calendar has been developed for the
Board’s adoption, outlining a schedule for the timing of the budget process. A Board
Retreat is proposed for February 5, 2018 along with the Capital Improvement Plan adoption
in April 2018, Presentation of the Recommended Budget in May 2018, a required Public
Hearing on June 4, 2018 and Adoption of the Fiscal Year 2018-2019 Annual Budget slated
for June 18, 2018. 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 Commissioner Puryear to adopt the Fiscal Year 2018-2019
Budget Calendar as presented.
Commissioner Jeffers suggested incorporating into the Fiscal Year 2018-2019
Budget Calendar the staff recommended budget work session dates to follow the Budget
Public Hearing for more transparency.
An amended motion was made by Commissioner Puryear and carried 5-0 to adopt
the Fiscal Year 2018-2019 Budget Calendar including Commissioner Jeffers’ revision to
add staff recommended budget work session dates following the Budget Public Hearing.
The approved Fiscal Year 2018-2019 Budget Calendar, as adopted by the Board
follows:
PERSON COUNTY GOVERNMENT
FISCAL YEAR 2018-2019 BUDGET CALENDAR
Date Task
Mon/Dec. 4, 2017* BOCC adopts FY19 budget calendar
Tues/Jan. 16, 2018 CIP Requests due to Asst. County Manager
Fri/Feb. 2, 2018 Personnel requests due to Human Resources
Fri/Feb. 2, 2018 Final insurance costs due
Mon/Feb. 5, 2018* Board of County Commissioners Annual Retreat
Mon/Feb. 12, 2018 Distribution of budget training manual to departments
and fee schedule requests
Thurs/Feb. 22, 2018 Departmental budget requests for operating & capital
due to Finance and Fee Schedule requests due to
Assistant County Manager
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Mon-Fri/Mar. 12-23, 2018 Departmental Budget Presentations with County
Manager
Mon/April 9, 2018* FY 18-19 CIP presented to Board of Commissioners at
regular meeting 7:00 p.m.
Mon/April 23, 2018* Adoption of FY 18-19 CIP at Board of Commissioners
meeting at 9:00 a.m.
Mon/ May 21, 2018* County Manager presents Recommended Budget to
Board of County Commissioners at 9:00 a.m. meeting
Mon/June 4, 2018* Board of Commissioners holds Public Hearing on
Recommended Budget in the County Auditorium at 7:00
p.m.
Tues/June 5, 2018* Staff recommended Board of Commissioners Budget
Work Session**
Thurs/June 7, 2018* Staff recommended Board of Commissioners Budget
Work Session**
Mon/June 11, 2018* Staff recommended Board of Commissioners Budget
Work Session**
Mon/June 18, 2018* Adoption of FY 19 Annual Budget Ordinance at Board
meeting 9:00 a.m.
Mon/July 2, 2018 FY 18-19 Budget available in Accounting System
Mon/Aug 6, 2018 Adopted budget document finalized and available online
* denotes a Board of Commissioners meeting date.
**Budget Work Sessions dates may change as desired by the Board; meeting times to be determined.
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CHAIRMAN’S REPORT:
Chairman Kendrick reported a ribbon cutting scheduled for December 8, 2017 at
Savannah Jack’s (formerly known as Toufie’s) at 11:30am.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Jeffers had no report.
Commissioner Clayton had no report.
Commissioner Puryear commented that the Jingle on Main event would be taking
place on Thursday evening, December 7, 2017.
Vice Chairman Powell had no report.
CLOSED SESSION #1
A motion was made by Commissioner Puryear and carried 5-0 to enter Closed
Session at 7:51pm 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, Assistant County Manager,
Sybil Tate, Chris Gustin, Upper Piedmont Division Manager, Greg Duhon, Republic
General Manager, Matt Einsmann, Environmental Manager, Drew Isenhour, Republic
Area President, and Steve Weber, Republic’s Legal Counsel
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A motion was made by Vice Chairman Powell and carried 5-0 to return to open
session at 8:41pm.
Chairman Kendrick stated upon return to open session he would like to make a
motion. Commissioners Jeffers stated to adjourn; they have a franchise agreement why
did he have to make a motion tonight.
A motion was made by Chairman Kendrick to accept the proposal that Republic
has presented the Board for an expansion to increase the tonnage to 2,000 tons per day,
increasing the host fee for the upper tier and to increase the franchise fee from existing to
the proposed.
Commissioner Jeffers stated he would have to oppose the motion noting it was
premature to consider the proposal just heard with 1 year and 6 months left on the franchise
agreement; the current contract expires in June 2018.
A substitute motion was made by Commissioner Puryear and failed 2-3 for 660
tons per day for life of site. The substitute motion failed with Vice Chairman Powell and
Commissioner Puryear voting in support of the substitute motion and Chairman Kendrick
and Commissioners Clayton and Jeffers casting the dissenting votes.
The original motion by Chairman Kendrick failed 1-4. Chairman Kendrick was
the lone supporter of the motion with Vice Chairman Powell and Commissioners Puryear,
Clayton and Jeffers all voting in opposition to the original motion.
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ADJOURNMENT:
A motion was made by Commissioner Jeffers and carried 5-0 to adjourn the
meeting at 8:45pm.
_____________________________ ______________________________
Brenda B. Reaves Tracey L. Kendrick
Clerk to the Board Chairman