BOC Minutes July 20 2015
July 20, 2015
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PERSON COUNTY BOARD OF COMMISSIONERS JULY 20, 2015
MEMBERS PRESENT OTHERS PRESENT
Kyle W. Puryear Heidi York, County Manager
David Newell, Sr. C. Ronald Aycock, County Attorney
B. Ray Jeffers Brenda B. Reaves, Clerk to the Board
Jimmy B. Clayton
Tracey L. Kendrick
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, July 20, 2015 at 9:00 am in the Commissioners’ meeting room
in the Person County Office Building.
Chairman Puryear called the meeting to order. Commissioner Kendrick gave an
invocation and Vice Chairman Newell led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Kendrick and carried 5-0 to approve the
agenda.
RECOGNITION:
RESOLUTION OF APPRECIATION FOR RETIREE:
Chairman Puryear read and presented a Resolution of Appreciation to Person
County retiree, Wes Lail. Board members thanked Mr. Lail for his service to Person
County.
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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 Kendrick and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of June 1, 2015, June 3, 2015 and June 15, 2015,
B. Budget Amendment #1,
C. Resolution – Stepping Up Initiative to Reduce the Number of People with Mental
Illnesses in Jails,
D. DSS Attorney Contracts, and
E. Tax Adjustments for the month of July 2015
a. Tax Releases,
b. NC Vehicle Tax System pending refunds
CANCER DEATH RATE STUDY – WITHIN A 2-MILE RADIUS OF THE UPPER
PIEDMONT LANDFILL:
Health Director, Janet Clayton stated as a follow-up to the initial cancer death rate
study of Person County dated April 1, 2015, a cancer death rate study was requested to
more specifically investigate a 2-mile radius surrounding 9550 Oxford Road, also known
as the Upper Piedmont Landfill. Ms. Clayton introduced Dr. Rick Langley of the
Occupational and Environmental Epidemiology Branch of the North Carolina Division of
Public Health to present to the Board the state’s results.
Dr. Langley stated the following types of metals: barium, cobalt, copper and zinc
show elevated levels around the landfill.
Dr. Langley noted Dr. Ken Rudo, State Toxicologist, will meet with the Person
County Health Director, Janet Clayton on July 21, 2015 to review sampling of well water
located within a 2-mile radius of the landfill.
The correspondence dated May 28, 2015 describing the results of the study follows:
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Dr. Langley reported the following Person County Cluster Analysis to the Board:
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NEW BUSINESS:
ECONOMIC DEVELOPMENT COMMISSION:
Mr. Kenneth Perry, Chairman of the Economic Development Commission
addressed the Board for input related to the expectations and/or improvements for the
Economic Development Commission (EDC).
Commissioner Kendrick stated without the interstate system to help Person County,
he felt smaller projects to grow into larger projects would be his expectation for EDC.
Commissioner Jeffers noted the EDC should continue its transparency, working
with regional partners in collaboration as well as small business partnerships.
Commissioner Clayton stated having the EDC to continue to meet regularly,
continue to support the director, and state level partnerships was important and he prefers
expending economic incentives based on performance measures.
Vice Chairman Newell stated the current EDC has politics that should be put aside
and to go forward as one body with each member taking on the role as a recruiter.
Chairman Puryear noted transparency, communication with the Board of
Commissioners, management of funds related to consultants and legal fees as well as to
seek community leaders’ input as his expectations for EDC.
Mr. Perry told the Board that Representative Larry Yarborough has been appointed
to the state’s budget committee noting the Senate’s provision in the budget to allocate
additional state sales tax to rural counties could benefit Person County in a great way
should it be adopted. Commissioner Jeffers commented that the NC Association of County
Commissioners’ Board of Directors recently met with the Senior Finance Chair with the
House noting there is a divide of urban versus rural on the state sales tax and the opinion
is that there may not be a state budget adopted until after the first of the year (2016) with a
continuance resolution in place so there is more time to further review the details of the
state sales tax.
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RESOLUTION AUTHORIZING A CONTRACT BETWEEN PERSON COUNTY
AND THE ROXBORO BUILDING COMPANY, INC. WHICH INVOLVES A
COUNTY COMMISSIONER AS SHAREHOLDER:
County Attorney, Ron Aycock noted Person County recently contracted for the
renovations of the Kirby Theatre. The parking lot located behind the Kirby Theatre,
accessed by Reams Avenue, is owned by the Roxboro Building Company, Inc. This
parking lot has been used by patrons of the Kirby for many years. During the renovation,
this parking lot was damaged. The County and Roxboro Building Company, Inc. wish to
partner on the repaving of the parking lot. The total cost of the full repaving is $22,340
with both the County and the Roxboro Building Company, Inc. paying $11,170. Mr.
Aycock presented a Resolution authorizing a contract between Person County and the
Roxboro Building Company, Inc. which involves a county commissioner as a shareholder
noting the agreement for this cost sharing was contingent upon the approval by the Board
of the Resolution.
Mr. Aycock stated Vice Chairman David Newell, Sr. is a shareholder of Roxboro
Building Company, Inc. owning in excess of a 10% interest. North Carolina General
Statute 14-234 titled Public officers or employees benefiting from public contracts;
exceptions- provides for an exemption of the prohibition of contracting on behalf of a
public agency when they will derive a direct benefit from a contract. The exemption is
allowed for counties with no city population over 15,000. The following requirements must
be met in order to allow the exemption:
a) The contract may not exceed $40,000 in value,
b) The affected commissioner must abstain from voting,
c) The County must post on the County Bulletin Board, notice showing the name of
the county commissioner, the amount of the contract, and a brief explanation, and
d) The contract must be noted in the independent auditor’s next fiscal audit.
A motion was made by Commissioner Kendrick and carried 4-0 to recuse Vice
Chairman Newell from Board action related to a Resolution authorizing a contract between
Person County and the Roxboro Building Company, Inc., which involves a county
commissioner as shareholder. Vice Chairman Newell did not participate in the vote.
A motion was made by Commissioner Clayton and carried 4-0 to adopt a
Resolution authorizing a contract involving a County Commissioner pursuant to NC
General Statute 14-234 as presented. Vice Chairman Newell did not participate in the vote.
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TAX COLLECTOR SETTLEMENT:
Tax Administrator, Russell Jones stated as required by General Statute 105-
373(a)(3), an annual settlement for taxes for the current fiscal year and all previous years
must be made with the governing body of the taxing unit. Mr. Jones presented to the Board
the following:
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A motion was made by Vice Chairman Newell and carried 5-0 to accept the Tax
Collector Settlement as presented.
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ORDER TO COLLECT TAXES:
Tax Administrator, Russell Jones stated as required by General Statute 105-321,
the governing board of the taxing unit must issue an order of collection to tax collectors.
The Order gives the tax collector legal authority to collect taxes.
A motion was made by Vice Chairman Newell and carried 5-0 to direct Person
County’s Tax Collector to collect taxes for 2015 and all delinquent taxes from prior years.
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RE-APPOINTMENT OF COUNTY ASSESSOR:
Tax Administrator, Russell Jones stated as required by General Statute 105-294(a),
the Person County Board of Commissioners must appoint a Tax Assessor. The Board of
Commissioners appointed the current tax assessor, Russell Jones, on July 5, 2011 for a four
year term, which will expire this month. The current tax assessor is certified by the North
Carolina Department of Revenue as an Assessor, and therefore eligible for a four year
appointment. It is customary for counties to appoint an Assessor for the full four year term.
§ 105-294. County assessor.
(a) Appointment. – Persons occupying the position of county assessor on July 1, 1983,
shall continue in office until the first Monday in July, 1983. At its first regular meeting
in July, 1983, and every two years or four years thereafter, as appropriate, the board of
county commissioners of each county shall appoint a county assessor to serve a term
of not less than two nor more than four years; provided, however, that no person shall
be eligible for initial appointment to a term of more than two years unless such person
is deemed to be qualified as provided in subsection (b) of this section or has been
certified by the Department of Revenue as provided in subsection (c) of this section.
The board of commissioners may remove the assessor from office during his term for
good cause after giving him notice in writing and an opportunity to appear and be heard
at a public session of the board. Whenever a vacancy occurs in this office, the board of
county commissioners shall appoint a qualified person to serve as county assessor for
the period of the unexpired term.
A motion was made by Vice Chairman Newell to appoint Russell Jones as Person
County’s Tax Assessor for a designated term of two years.
A substitute motion was made by Commissioner Jeffers and failed 2-3 to appoint
Russell Jones as Person County’s Tax Assessor for a designated term of four years.
Commissioners Jeffers and Clayton voted in favor of the substitute motion. Chairman
Puryear, Vice Chairman Newell and Commissioner Kendrick voted in opposition to the
substitute motion.
The original motion carried 3-2. Vice Chairman Newell, Chairman Puryear and
Commissioner Kendrick voted in favor of the original motion. Commissioners Jeffers and
Clayton voted in opposition to the original motion.
Chairman Puryear administered the County Tax Assessor oath to Mr. Russell Jones.
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DESIGNATION OF VOTING DELEGATE TO NC ASSOCIATION OF COUNTY
COMMISSIONERS ANNUAL CONFERENCE:
Chairman Puryear asked Board consideration to designate Person County’s voting
delegate for the NC Association of County Commissioners annual conference scheduled
for August 20-23, 2015 in Pitt County.
A motion was made by Commissioner Jeffers and carried 5-0 to designate
Commissioner Clayton as Person County’s voting delegate for the NC Association of
County Commissioners annual conference in Pitt County on August 20-23, 2015.
CHAIRMAN’S REPORT:
Chairman Puryear reminded the Board members that on August 3, 2015 at 6:00pm,
the Board would hold the informal interview process with candidates for certain boards
and committees.
MANAGER’S REPORT:
County Manager, Heidi York stated copies of the final document containing the
adopted Fiscal Year 2015-2016 budget was placed at the Board member’s seats. Ms. York
updated the Board on the solid waste study Request For Proposals noting the bids was
coming in under the $100,000 budgeted amount. Ms. York noted the Request for
Qualifications have been evaluated by a committee to select an architect for the Senior
Center project.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Newell publicly apologized to Commissioner Jeffers for a comment
he directed to him in the last Board meeting as well as apologized to the Board for his
conduct.
Commissioner Kendrick reported resources at the Person County Library for
continuing education classes, foreign language programs and he encouraged citizens to
take advantage of such.
Commissioner Clayton congratulated Commissioner Jeffers for being elected to the
National Association of Counties’ board. Commissioner Clayton asked the County
Manager to confirm if a meeting was being scheduled for the Chairman and Vice Chairman
for each the Museum of History, Tourism Development Authority and the Commissioners
to which Ms. York replied affirmatively.
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Commissioner Jeffers commented that he and Commissioner Tracey Johnson of
Washington County were elected by the NC Association of County Commissioners’ voting
delegates for all 100 counties to be state representatives on the national board for a three
year term. Commissioner Jeffers reported the Fire Chiefs were pleased with the county’s
funding programs. Commissioner Jeffers recognized the Director of Social Services,
Carlton Paylor, Assistant County Manager, Sybil Tate and the Summer Intern, Caley
Trujillo for their efforts to make the human services event a success.
RECESS:
A motion was made by Vice Chairman Newell and carried 5-0 to recess the
meeting at 9:59am until 6:00pm on August 3, 2015.
_____________________________ ______________________________
Brenda B. Reaves Kyle W. Puryear
Clerk to the Board Chairman