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Feb 4th 2013 February 4, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS FEBRUARY 4, 2013 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock David Newell, Sr. The Board of Commissioners for the County of Person, North Carolina, met in special called session on Monday, February 4, 2013 at 5:30 pm in the County Office Building Auditorium for the purpose of holding an informal Community Conversations meeting to receive feedback from the community about tax revaluation. Attendees were given the opportunity to sign up with the Clerk to the Board to address the Board upon arrival. Chairman Clayton called the Community Conversations meeting to order at 5:30 pm. Approximately 230 people were in attendance which included Board members, county staff and citizens. County Manager, Heidi York welcomed the group to the Community Conversations informal meeting. Ms. York stated the focus of the meeting is the property revaluation process noting staff would provide a brief overview on how the revaluation is conducted, the trends within the county and the appeal process. Ms. York stated the Community Conversations meeting is not a part of the appeal process as individual appeals and values would not be reviewed. Ms. York told the group that Tax Office employees are available for citizens to make an appointment for an informal appeal in the lobby. Ms. York noted each speaker that has signed up to speak would be allowed three minutes to address the Board. County Attorney, Ron Aycock clarified the roles of the Board of Commissioners and the newly appointed Board of Equalization and Review. Mr. Aycock noted the appraisal process is a state-wide system that every county is required to comply that includes assigning a value to each piece of property according to the basic standard of what a willing buyer and a willing seller, neither under compulsion to buy or sell, would pay for such property. Mr. Aycock noted individuals have an opportunity to discuss with the Tax Office during an informal appeal why the appraisal may not be correct. Mr. Aycock stated the formal appeal process begins with the Board of Equalization and Review who will hear from individual property taxpayers with decisions to be based on factual considerations as to the individual property. Mr. Aycock further noted citizens who are not satisfied with the Board of Equalization and Review will have a further appeal opportunity with the Property Tax Commission, an administrative agency of the State. The next level of appeals after the Property Tax Commission would involve the State Court of Appeals which duties include a review of the proceedings held at the county and state levels being accurate. February 4, 2013 2 Mr. Aycock stated the Board of Commissioners has no role in the individual appeal process noting the Board of Commissioners does have a role in setting the tax rate. Tax Administrator, Russell Jones stated the purpose of the Community Conversations meeting was to go over the revaluation project, discuss the appeals process, and to help taxpayers schedule appeals noting staff will not be holding individual appeals during the forum. Mr. Jones presented to the group the following points: • Notices were mailed out on December 29, 2012. • Informal appeals (appeals to be heard in the tax office by an appraisers or appeals to be reviewed by mail) due by February 1, 2013 and currently extended to February 4, 2013. • Appeal deadline extended to February 4, 2013 noting most counties allow 30 days to file an appeal. Some only give 15 or 20 days. No county in NC gives more than 30 days. • Approximately 1,600 appeals have been received by the tax office, with 250 property owners requesting an appointment noting tax staff has already met with 163 of the 250, with appointments currently scheduled through February 19, 2013. • Newly designed appeal form has made it easier for the taxpayer to appeal noting other counties’ appeal forms were reviewed. Person County’s form also contains information about some tax exemptions allowed by general statute. Applications for the homestead exemption, veteran exemption, and the circuit breaker program are available. • Revaluation hotline has been very successful, and made it easier for the taxpayer to get information needed on their new values and the appeals process with approximately 200 calls per day not including other tax office calls for collections and listing. • Appeals will be reviewed and a letter sent to all property owners that filed an appeal. This letter will contain information on how to appeal to the Board of Equalization and Review, if desired. These letters will be mailed early April 2013. • Board of Equalization and Review will begin meeting in April 2013. • Decisions of the Board of Equalization and Review will be sent by certified mail, with further appeal information on how to appeal to the NC Property Tax Commission, if desired. This will have a 30 day firm deadline that the State will not extend. • NC general statute requires that all properties be appraised at 100% of market value during a revaluation. General Statute 105-283 defined as true value. February 4, 2013 3 • Revaluation is required by general statute at least as often as every 8 years. Person County’s last revaluation was in 2005, thereby requiring a complete revaluation for 2013. • Market value is an exchange between a willing buyer and willing seller, neither under duress, and all parties having reasonable knowledge of the property. This cannot include foreclosure, banks sales, family sales, etc. • Market value is determined by past sellers and buyers. • The goal is to set all properties at market value, not simply to find a way to increase taxable values. • Property taxes are ad valorem, based on market value, and not based on who owns that property or the ability to pay. • During revaluation, due to market value, some properties will increase in value, some will stay the same, and some will decrease in value. • Revaluation does not look at the percentage of change for a property. A valid appeal will be based on something other than the percentage of increase. Some properties see significant changes in value, while other properties change very little. This is due to market changes, and how desirable a property is to a buyer/seller. • Overall, most of the changes have occurred in the value of land, especially with larger tracts, with are selling for more today than they did 8 years ago. • Reasons for an appeal might include features that the appraiser could not see from the outside view of the home (such as termite damage, water damage), things that have recently changed about property (addition or removal of storage building), a no-perk for a building site. Photos are definitely helpful. • The amount of services that a taxpayer receives from the county is not a valid appeal. The revaluation only addresses the value of the property, and does not set the tax rate, or determine what level of service the county commissioners will decide on for the upcoming fiscal year. February 4, 2013 4 Clerk to the Board, Brenda Reaves, called the names of those individuals who had signed up to address the Board on the county’s recent tax revaluation in the following order: Mr. Leland Wood of 1105 Fontaine Road, Roxboro Mr. George William Penland of 87 Beagle Road, Roxboro (did not speak) Mr. Jeff Bulla of 65 Beechwood Lane, Leasburg (yielded time to Mr. Glei) Mr. Bryan Glei of 250 Whitetail Lane, Leasburg Mr. Robert E. Scarborough of 301 Saint George, Semora Mr. Clayton L. Meadows of 234 Dean Lane, Roxboro Mr. Clyde Kelly of PO Box 84, Semora Mr. Bryan Westmorland of 526 Dee Long, Roxboro (yielded time to Mr. Kelly) Mr. Robby Jones of 443 Victor Williford, Roxboro (yielded time to Mr. Kelly) Mr. Harold Horton of 11540 Burlington Road, Hurdle Mills Mr. Robert C. Williams of 2713 Rosehill Road, Fayetteville Mr. William J. Murphy of 25 Sweetgum Trail, Leasburg Mr. Senator Golding of 13890 Old Highway 601, Mt. Airy (yielded time to Mr. Glei) Ms. Shera Henderson of PO Box 163, Semora (did not speak) Mr. Billy Reynolds of 74 Alleghany Drive, Roxboro Mr. Tony Glogowski of 2556 Lucy Garrett Road, Roxboro Mr. Walter McGhee of 57 Crawley McGhee Lane, Leasburg Ms. Lyn Hihle of 175 Black Angus Road, Leasburg Mr. Paul Bailey of 2260 Haywood Bailey Road, Roxboro Mr. Charlie Palmer of 114 S. Morgan Street, Roxboro Mr. John Hetzel of 732 Coon Ridge, at Hyco (did not speak) Mr. Tracey Carver of 363 Providence Road, Roxboro Mr. Jimmy Dallas of 239 Crestwood Drive, Roxboro Mr. John Rimmington of 420 Estate Road, Semora Mr. John “Jay” Jennings of 155 High Rock Road, Hurdle Mills The Community Conversations meeting was concluded. RECESS: A motion was made by Vice Chairman Jeffers, and carried 5-0 to recess the meeting at 6:51 pm until 7:00 pm at which time the regular scheduled Board meeting would begin. February 4, 2013 5 Chairman Clayton called the regular scheduled meeting to order at 7:05 pm, led invocation and asked Vice Chairman Jeffers to lead the Pledge of Allegiance. Vice Chairman Jeffers asked boy scouts representing Troop 249, Davis Peters and Jared Willamee, to come forward to lead the group in the pledge of allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: Chairman Clayton requested Board consideration to add a Closed Session to the agenda to discuss a legal issue with the County Attorney. A motion was made by Vice Chairman Jeffers, and carried 5-0 to add a Closed Session to the agenda and to approve the agenda as adjusted. A MEMORIAL TRIBUTE TO SAMUEL B. SPENCER: Chairman Clayton read and presented to Ms. Natalie Clay the following Memorial Tribute to Samuel B. Spencer. Ms. Clay stated it was an honor to receive the Board’s Tribute on behalf of the family of Samuel B. Spencer. February 4, 2013 6 February 4, 2013 7 INFORMAL COMMENTS: There were no individuals appearing before the Board to make informal comments. APPROVAL OF MINUTES: A motion was made by Vice Chairman Jeffers, and carried 5-0 to approve the minutes of January 22, 2013. OLD BUSINESS: EXCHANGE OF PROPERTY WITH SPUNTECH (NORTH PARK DRIVE LLC): County Attorney, Ron Aycock stated at the Board’s last meeting on January 22, 2013, the Board authorized publication of intent to exchange like kind property with Spuntech (North Park Drive LLC). Mr. Aycock noted the required statutory notice time of 10 days has expired and the Board is authorized to order the execution of the deed in return for a deed from Spuntech (North Park LLC). Mr. Aycock requested the Board to authorize the Chairman to execute the necessary documents to effectuate the exchange of properties with Spuntech (North Park Drive LLC). A motion was made by Commissioner Blalock, and carried 5-0 to authorize the Chairman to execute the necessary documents to effectuate the exchange of properties with Spuntech (North Park Drive LLC). NEW BUSINESS: PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDING JUNE 30, 2012: Ms. Tara H. Roberson, CPA with Winston, Williams, Creech, Evans & Company, LLP presented to the Board the Comprehensive Annual Financial Report (CAFR) for Person County for Fiscal Year ending June 30, 2012 through the following presentation: February 4, 2013 8 February 4, 2013 9 February 4, 2013 10 February 4, 2013 11 February 4, 2013 12 February 4, 2013 13 February 4, 2013 14 February 4, 2013 15 February 4, 2013 16 Ms. Roberson summarized the overall performance of the financial year included net assets increasing by $3.9 million due to capital project funds for incomplete projects and unexpended debt proceeds with the total liabilities decreasing due to pay down on outstanding debt the county owes. Ms. Roberson stated $21.2 million of the $52.3 million total assets is invested in capital assets net of the related debt. Ms. Roberson told the group there was an increase in revenues in the amount of $2.3 million which includes approximately $1.4 million for the donation of the old Helena School back to the county, $400,000 increase related to charges for services and an increase in property taxes by about one-half million dollars. Ms. Roberson noted expenditures remained relatively flat with a decrease of roughly $200,000. Ms. Roberson explained there was a decrease in cash by $1.8 million due to capital projects. Ms. Roberson commented the general fund revenues and expenditures shows conservative budgeting in that the revenues exceeded what was budgeted mainly due to the charges for services (outsourced EMS collections) and expenditures were less than budgeted primarily in human services. Ms. Robertson stated the general fund balance increased by $478,000. The fund balance is at 36.15% (funds available for appropriation) with a state-wide average for counties of similar size at 26% and an overall state-wide average at 23%. Person County has a Fund Balance policy to retain balance of at least 18% with the state requirement mandate of 8%. Ms. Roberson noted the adjusted tax levy stayed relatively flat at $27 million in 2011 and $27.2 million in 2012 which is a tax collection rate of 97.6%. County Manager, Heidi York added the budgeted tax collection rate was at 97.0%. Ms. Roberson noted the collection tax dropped barely from $97.68% to $97.63% with an additional $111,000 collected for the current year taxes with an overall increase in $20,000 more than the prior year. Comparatively, Ms. Roberson noted the tax collection state average for counties of similar size is 95.85% and an overall statewide average at 97.19%. Ms. Roberson highlighted some upcoming changes in the motor vehicle tax laws. Effective July 2013, motor vehicle taxes will have to be paid at the same time of registration with a phasing out of the old system which will have a large impact in fiscal year 2014 according to Ms. Roberson. Ms. Roberson stated the motor vehicle tax changes should increase vehicle tax collections which are currently at 88%. Vice Chairman Jeffers added that a proposed bill will likely be introduced to terminate the motor vehicle tax laws before July. Chairman Clayton thanked Ms. Roberson for the informative presentation. February 4, 2013 17 REPORT OF UNPAID TAXES: Tax Administrator, Russell Jones told the Board that General Statute 105-369(a) requires that the Tax Collector report to the Board the amount of unpaid 2012 taxes that are a lien on real property as of the first Monday of February noting this is simply a check point for the Board as to the progress that the Tax Office is making on collections and a way to alert the Board if collections are down. Mr. Jones stated at 5:00 pm on February 4, 2013, the Tax Office’s collection rate was 92.95% and the unpaid real estate tax on 2012 real property for 3,457 unpaid bills was just under $1.6 million (actual amount $1,598,665). Mr. Jones stated no motion was required. The Board of Commissioners accepted the Tax Administrator’s Report of Unpaid Taxes. ADVERTISEMENT OF UNPAID REAL ESTATE TAXES: Tax Administrator, Russell Jones stated a motion is required to order the advertisement and set the advertisement date for delinquent 2012 real property taxes. Mr. Jones stated the Tax Office would like for the date to be March 2, 2013. Mr. Jones noted the newspaper advertisement is required under General Statute 105-369(c) and can be placed anytime between March 1st and June 30th, further noting the newspaper advertisement is a great collection tool and the sooner the advertisement , the better the ending collection rate will be. The cost of the advertisement is charged to the delinquent real estate bills. Mr. Jones requested the Board to make a motion to set the advertisement date for March 2, 2013 noting the delinquent real estate taxes must be paid by February 22, 2013 to avoid being published in the newspaper. A motion was made by Commissioner Puryear, and carried 5-0 to order the advertisement and set the advertisement date for March 2, 2013 for delinquent 2012 real property taxes. February 4, 2013 18 CONSIDERATION OF JOINT CITY-COUNTY PLANNING DEPARTMENT: Assistant County Manager, Sybil Tate stated efforts are continuing to create a one-stop shop for development among city and county services. Ms. Tate presented for Board consideration the creation of a joint, City-County Department noting county and city staffs have worked together on aligning permitting and inspections. Ms. Tate stated administrative staff have cross-trained duties, merged city and county forms and are now utilizing the same software. Person County and the City of Roxboro have made great strides towards streamlining the city and county permitting process. Ms. Tate noted previously, a proposal was made to create a development services director. While there was not support for that proposal and in light of a current County planning technician vacancy, consideration is being sought for a merged City and County Planning department. Ms. Tate stated this would allow for cross-training of planning staff and would advance the opportunity for the development of a Unified Development Ordinance (UDO). A UDO would allow the city and the county to combine their ordinances into a single document, reducing redundancies and conflicting information and ultimately, making planning regulations easier for residents to understand. Ms. Tate stated that merging the city and county planning departments would also create the opportunity for a single Joint Planning Board that could provide recommendations for both the city and the county on planning issues. Ms. Tate confirmed each entity would retain the authority over its local ordinances. Currently both the city and the county has a seven-member Planning Board, each with two vacancies. Ms. Tate stated the proposal is for one Planning Board with either seven or five members noting the majority of the board would be appointed by the County Commissioners. Ms. Tate noted this item is being discussed separately with both governing bodies with the intention of gathering additional information for presentation and discussion at the Joint City-County meeting scheduled for February 26, 2013 at 4:00 pm in the FEMA Room. Ms. Tate and the County Manager, Heidi York stated City Council had received the recommendation positively. Ms. York stated both governing bodies would receive a draft of the recommended agreement ahead of the joint meeting to review. February 4, 2013 19 BUDGET AMENDMENT: Finance Director, Amy Wehrenberg presented and explained the following Budget Amendment. Upon a motion by Vice Chairman Jeffers, and majority vote (5-0), the Board of Commissioners of Person County does hereby amend the Budget of the Fund(s) listed below on this, the 4th day of February 2013, as follows: Dept./Acct No. Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 19,802 Economic Development 11,469 Transfers to Other Funds 2,943 REVENUES General Fund Other Revenues 34,214 EXPENDITURES Airport Construction Project Fund 2009 Vision 100 Projects (35,800) Runway 6 & 24 Improvements 35,800 REVENUES Airport Construction Project Fund Federal Funds-Vision 100 Funds (32,220) Local Funds-Vision 100 Funds (3,580) Federal Funds-Runway 6 & 24 Grant 32,220 Local Funds-Runway 6 & 24-County Match 3,580 Explanation: Person County received insurance claims for repair to vehicles damaged by the July 2012 hail storm of $29,744; received an insurance claim for repair to the Morgan Street Complex building also damaged from the hail storm in the amount of $4,470; and the a Resolution before the Board is required by the State Aid to Airports Block Grant agreement to certify Person County's funding approval granted by the Department of Transportation to utilize 2009 Vision 100 Grant funds in the amount of $32,220 for improvements to Runways 6 and 24 at the Person County Airport. The Resolution also states the requirement of a 10% County match which in this case is $3,580. This equates to a total project cost of $35,800. By approving the Budget Amendment, the Board is also, in effect, approving the resolution that authorizes the Finance Director enter into the Airport Grant agreement. February 4, 2013 20 February 4, 2013 21 Ms. Wehrenberg told the Board that she would be including a recommendation in the Fiscal Year 2014 Budget funding from the General Fund to the Airport Project Construction Fund that will help to cover required local contributions to future Airport Projects. Ms. Wehrenberg noted staff will continue to approach the Board for approvals of these grants noting funds in the current Airport Project Fund have dwindled to the point that available funding for local contributions have gotten uncomfortably low with a balance of just over $100,000. Ms. Wehrenberg stated Person County has not contributed funds from the General Fund to the Airport Construction Fund since 1999, roughly 14 years ago. Up to that point, Person County had invested almost $1.4 million since inception of the Airport's opening in 1987 noting much can be contributed to the initial development of the Airport, resulting in a larger number of ongoing projects. Although activity has slowed since 1999, Ms. Wehrenberg stated investment and development of the Airport have continued. Ms. Wehrenberg told the group that Person County has been able to subsidize the local portions from the balance that remained in the Airport Project Fund since 1999, but some future projects on the plan that will likely deplete the remaining uncommitted funds. Commissioner Newell requested information on the return on investment related to the potential tax base at the Airport by adding more hangars. County Manager, Heidi York stated she would be glad to compile data to share with the Board related to tax base estimate noting any additional revenues would not come to the county but to the Fixed Based Operator as in place with the current agreement. CHAIRMAN’S REPORT: Chairman Clayton asked about text amendments to the Zoning Ordinance coming back before the Board. County Manager, Heidi York explained that item would be on the April meeting agenda due to the County Attorney will be absent at the March meeting. Chairman Clayton reported that Secretary Decker was in Person County at the recent ribbon cutting at GKN building expansion. Chairman Clayton wanted to thank all involved in that project. February 4, 2013 22 MANAGER’S REPORT: County Manager, Heidi York announced the Board Retreat scheduled for February 18, 2013 will be held in the S-100 room at Piedmont Community College from 8:30 am – 5:00 pm. Ms. York requested Board feedback for the agenda as well as lunch preferences. Ms. York stated a joint meeting for the Board of Commissioners and Roxboro City Council has been scheduled for February 26, 2013 at 4:00 pm in the FEMA room in the Human Services Building. Ms. York reminded the Board of an invitation from the ABC Commission to attend an ABC 101 educational meeting in Raleigh on February 8, 2013 starting at 10:00 am and requested anyone interested to let her know. County Attorney, Ron Aycock reminded the Board at its last meeting, two transactions were authorized for the sale of county owned property: 1) a sale to the Shermans resulting from the donated property to the County from the Stonbraker family and 2) a sale to PCBIC, both cases at a price estimated to be fair market value of each property. Person County was required to advertise notice of each offer for an opportunity for upset bids. Mr. Aycock stated there were no upset bids received in the ten-day period following the advertisement for either property noting the Chairman is now authorized to execute the deeds. COMMISSIONER REPORT/COMMENTS: Commissioner Blalock announced a DENR, Division of Water Quality multi- county meeting on February 28, 2013 related to the affects of uranium mining in Chatham, Virginia. The meeting will be held in the Ag Building. Chairman Clayton added the Association of County Commissioners approved an environmental goal to oppose mining in Pennsylvania County, Virginia. Commissioner Blalock reported the Person Future’s Strategic Plan Executive Committee will be meeting on February 5, 2013 at Clarksville Station Restaurant at 12:45 pm to review each of the group’s top five priorities. Commissioner Puryear reported that the Animal Services Committee will be coming before the Board in April for consideration of a revised ordinance. February 4, 2013 23 Vice Chairman Jeffers reported the top five NC Association of County Commissioners legislative goals: 1. Oppose shift of state transportation responsibilities to counties. 2. Reinstate ADM and lottery funds for school construction. 3. Oppose unfunded mandates and shifts of state responsibilities to counties. 4. Ensure adequate mental health funding. 5. Preserve the existing local revenue base. Vice Chairman Jeffers added the one goal Person County presented for consideration which was to restore local control of the school calendar back to school board was passed by the Association to be presented to the state for consideration for all 100 counties. Vice Chairman Jeffers commented on a favorable meeting with the Governor and the willingness of the Governor’s Chief of Staff, Thomas Stith, to assist in any way. Commissioner Newell inquired about the prescription savings card available to citizens. Vice Chairman Jeffers stated Person County already participates in the NACo prescription card program as well as a new dental savings program. Vice Chairman Jeffers noted there is a small cost associated with the dental savings program noting neither of the programs create any revenue for Person County but provide a savings opportunity for the citizens. Vice Chairman Jeffers noted a report is sent to the county noting the number of citizens utilizing the program(s) and the total savings. County Manager, Heidi York noted information can be found on the county website as well as flyers available through county departments for both programs. CLOSED SESSION: A motion was made by Vice Chairman Jeffers, and carried 5-0 to enter Closed Session at 7:55 pm pursuant to General Statute 143-318.11(a)(2) to discuss with the County Attorney a matter within the attorney-client privilege. Closed Session was called to order at 8:01 pm. It was the consensus of the Board to have the County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and Assistant County Manager, Sybil Tate attend the Closed Session. A motion was made by Commissioner Newell, and carried 5-0 to return to open session at 8:17 pm. February 4, 2013 24 ADJOURNMENT: A motion was made by Commissioner Newell, and carried 5-0 to adjourn the meeting at 8:17 pm. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman