HARNETT COUNTY BOARD OF COMMISSIONERS MINUTES OF REGULAR MEETING

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HARNETT COUNTY BOARD OF COMMISSIONERS MINUTES OF REGULAR MEETING

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HARNETT COUNTY BOARD OF COMMISSIONERS

Minutes of Regular Meeting

February 4, 2013


The Harnett County Board of Commissioners met in regular session on Monday, February 4, 2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina.


Members present: Jim Burgin, Chairman

Gary House, Vice Chairman

Beatrice B. Hill, Commissioner

Joe Miller, Commissioner

C. Gordon Springle, Commissioner


Staff present: Joseph Jeffries, Interim County Manager

Tony Wilder, Deputy County Manager

Dwight Snow, County Attorney

Sylvia Blinson, Finance Officer

Margaret Regina Wheeler, Clerk to the Board


Chairman Burgin called the meeting to order at 9:00 am. Commissioner Springle led the pledge of allegiance and invocation. Marcia Everette of Angier registered an objection to the invocation.


Chairman Burgin called for additions or deletions to the published agenda. Gary House moved to approve the agenda as published. Commissioner Springle seconded the motion which passed unanimously.


Commissioner Miller said the citizens of the county do not respect or trust their governing body and he doesn’t blame them. He expressed concern regarding the request for approval to pay an invoice to Ed Aguirre & Associates, Inc. for water analysis for the Town of Erwin water lines. Commissioner Miller said he did not want Mr. Jeffries “to end up under the bus on this” as it happened before Mr. Jeffries was asked to be Interim County Manager. He said it was his understanding that there was no purchase order, contract or departmental authorization prior to having Mr. Ricky Temple engage in these services. Commissioner Miller said he understands the work was performed at the direction of at least two private citizens. He said he thinks Attorney Snow needs to advise commissioners on the authority that a single commissioner or less than three commissioners have to change the chain of command. Commissioner Miller referenced N.C. G.S. 159-28 stating “an officer or employee of local government incurs an obligation or causes to be paid out any funds in violation of this section are personally liable”. Commissioner Miller said directing this work without a purchase order, with no contract and without going through the proper chain of command, in his opinion, is a violation.


Commissioner Miller said he would like for this matter to be tabled and allow time for the County Attorney and County Finance Officer to review this complaint. Commissioner Miller also reference NC G.S 153A-45 stating “any commissioner may not vote on anything that has an economic impact on him or herself” Chairman Burgin said they would discuss this matter thoroughly later on the agenda.


Commissioner House moved to approve the items on the consent agenda. Commissioner Springle seconded the motion which passed unanimously.


  1. Minutes: January 22, 2013 Regular Meeting


  1. Budget Amendments:


224 Parks & Recreation

Code 110-8200-450.74-71 Capital Outlay - Land 5,000 increase

110-0000-399.00-00 Fund Balance Appropriated 5,000 increase


229 Governing Body

Code 110-4100-410.60-33 Governing Body – Materials & Supplies 3,073 increase

110-8800-410.32-16 Contingency 3,073 decrease


232 Cooperative Extension

Code 110-7300-465.60-39 Other Materials 1,840 increase

110-0000-331.73-05 Better Kid Care Training 1,840 increase


233 Health Department

Code 110-0000-353.75-01 Family Caregiver Donations 200 decrease

110-0000-353.15-00 RSVP Donations 200 increase


234 Health Department

Code 110-7600-441.60-45 Drugs 2,128 decrease

110-0000-331.76-19 TANF-Birth Prevention (State) 2,128 decrease


235 Health Department

Code 110-7600-441.32-26 Incentives 271 increase

110-7600-441.54-26 Advertising 21 decrease

110-7600-441.60-47 Food & Provisions 200 decrease

110-0000-353.76-05 Donations-Breast Cancer Awareness (Pink 50 increase

Ribbon)

236 Emergency Services Department

Code 263-5251-420.30-04 Professional Services 10,000 increase

263-0000-399.00-00 Fund Balance Appropriate 10,000 increase




237 Sheriff’s Department

Code 110-5109-420.60-33 Materials & Supplies 2,600 increase

110-5109-420.74-74 Capital Outlay 23,700 increase

110-5109-420.73-01 Equipment – Not Capitalized 3,700 increase

237 Sheriff’s Department continued

Code 110-0000-331.51-30 2012 Life is Fragile Enough CFDA 30,000 increase

#16.738 2012-DJ-BX-0640


238 Social Services Department

Code 110-7710-441.80-90 Crisis Intervention 267,997 increase

110-0000-330.77-01 Social Services Administration 267,997 increase


239 Cooperative Extension Department

Code 110-7300-465.32-32 Community Rural Development 1,000 increase

110-0000-399.00-00 Fund Balance Appropriated 1,000 increase


240 Cooperative Extension Department

Code 110-7323-465.11-00 Salaries & Wages 7,614 decrease

110-7323-465.21-00 Group Insurance 990 decrease

110-7323-465.21-04 HAS 100 decrease

110-7323-465.21-05 Employee Clinic 34 decrease

110-7323-465.22-00 FICA 520 decrease

110-7323-465.23-00 Regular Retirement 507 decrease

110-7323-465.26-08 Workman’s Compensation 28 decrease

110-0000-334.73-23 CCR&R Smart Start Grant 9,793 decrease


  1. Planning Services requested approval of Resolution to Seek the Amendment of NC Session Law 2004-75 Senate Bill 1161 Enacted July 8, 2004. The amendment deletes the requirement for a “certified mail” notification and includes additional requirements for base commanders or designees to be notified of proposed subdivisions, telecom towers and windmills or any other activity requiring a conditional or special use permit within the five mile area. (Attachment 1)


  1. Proclamation declaring February 8, 2013, as “Herb Thomas Day”. Herb Thomas is a Harnett County native who had a distinguished NASCAR career and was inducted to the NASCAR Hall of Fame in Charlotte, North Carolina.


  1. County Engineer requested adoption of project ordinance in the amount of $1,750,000 for the Dunn Erwin Landfill Corrective Action Plan. The project includes a system for the collecting of groundwater and leachate, a pump station and force main to convey groundwater and leachate to the Harnett County sewer system, convenience center improvements, and transfer station rehabilitation. The project is being funded through a special obligation bond.

  2. County Engineer requested approval of professional services agreement amendment with C.T. Clayton, Sr, P.E., Inc. These services include construction, administration and engineering services for the Dunn Erwin Corrective Action Projects.


  1. Cooperative Extension requested permission to apply for the Family Support Program Services funding through the North Carolina Department of Health and Human Services’ Division of Social Services to expand the outreach of the Parents as Teachers program as well as conduct a series of Incredible Years program.


Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes.


Chairman Burgin asked Mr. Langley to submit his public records request in writing to the interim county manager. Vice Chairman House said he was not aware of any investigation done in Public Utilities even though he has request one be done.


Chairman Burgin recognized Marty Clayton with Duke Energy present and thanked him for all they do. Chairman Burgin also recognized past commissioner Dan Andrews present.


Appointments:

BOARD OF EQUALIZATION AND REVIEW

Regarding reappointments to the Board of Equalization and Review, Chairman Burgin asked to hold off on these appointments because staff is preparing a plan to present to commissioners on how to stagger the terms of those members.


BOARD OF ADJUSTMENT

Vice Chairman House moved to reappoint Scott Tripp to serve an additional term on this Board with an exception to the three term limit. Commissioner Springle seconded the motion. Commissioner Miller confirmed that the same courtesy would be given to other appointees in the same situation. Commissioners Burgin and House and Mr. Jeffries said Mr. Tripp does an excellent job chairing the Board of Adjustment and is a valuable asset to the board. The motion passed unanimously. Mr. Tripp was reappointed for a three-year term expiring September 1, 2016.


JOHNSTON-LEE-HARNETT COMMUNITY ACTION, INC.

Vice Chairman House moved to reappoint Ursela McLean to the Board of Directors of Johnston-Lee-Harnett Community Action, Inc. Commissioner Hill seconded the motion which passed unanimously. Ms. Mclean was reappointed for a two-year term expiring February 28, 2015.


AIRPORT COMMITTEE

Commissioner Hill moved to reappoint Ben Slaughter to serve on this committee. Commissioner Springle seconded the motion. Vice Chairman House noted he serves on the Airport Committee and said Mr. Slaughter tries to dominate the discussions and he doesn’t feel that Mr. Slaughter is a good fit with that committee. Commissioners Burgin and House opposed, Commissioner Springle abstained and the motion to reappoint Mr. Slaughter to serve on this committee passed 3 to 2. Mr. Slaughter was reappointed for a four year term expiring December 31, 2016.


Sheila Simmons, Chief Executive Officer of First Choice, gave a milestone summary report regarding the Harnett County employee health clinic which is administered by First Choice. Mrs. Simmons addressed complaints about services provided through the Harnett County Employees Health and Wellness Program. Mrs. Simmons apologized to the commissioners but also defended First Choice and her employees stating customer service needs to be rendered on both ends. She discussed lessons learned and areas of improvement which would include an immediate satisfaction survey. Vice Chairman House said he understood that employees would be seen within 15 minutes of arrival but understand employees, who continue to be paid during their visit to the clinic, are waiting up to two hours for services. Mrs. Simmons addressed this issue and responded that First Choice would like the opportunity to continue providing this service. Commissioners asked Mrs. Simmons to review, along with her staff, the original proposal given to commissioners. Mrs. Simmons also said billing issues she was made aware of have been completely rectified.


Mr. Jeffries stated the county had received a request to pay an invoice for $950 to Ed Aguirre & Associates, Inc. to perform water analysis for the Town of Erwin water lines. Mr. Jeffries said he was coming to the Board for direction on how to pay the invoice as the work was not authorized by a county employee. Commissioner Miller questioned how the county could look at paying the invoice when it wasn’t authorized by the Board, the County Manager or the Finance Office. Chairman Burgin said this issue started with numerous calls and complaints from Erwin citizens with orange water. Chairman Burgin said when the contractor started cutting the lines out he got a call that there was only ¾ inch diameter space for the water to travel through. He said he made Commissioner House, Mr. Springle and Mr. Miller, aware of the situation and asked Mr. Springle and Commissioner House to look at the pipe. Mr. Miller and Mr. Springle were not commissioners at the time. Chairman Burgin said they discussed this and all, including the contractor, felt like it needed to be tested independently. Chairman Burgin said he had asked about water testing and was never able to get information or results on prior testing. Chairman Burgin stated the contactor cut the pipe and called him about it. Chairman Burgin said he also made Mr. Joseph aware of this and told him there would be a bill coming and this is the appropriate way to handle it. He said the plan was to make sure that the public would get the results because there is a general consensus in Erwin that they have a higher incidence of cancer over there and they are asking if it the water they are drinking and a lot of people in Erwin fear for their health.


Commissioner Hill said she didn’t think it was his decision without the approval of the Board. She asked when he discussed it with the Board that he was going to authorize somebody to go do the work and then send the bill here to be paid. Commissioner Hill said the Board should be able to vote on the bill being paid plus authorizing the work, not one Board member. Chairman Burgin maintained he had discussed this with other commissioners, it wasn’t one Board member, he said they had knowledge and there was never any attempt to run something through without people knowing about it. Commissioner Hill said it seemed as though she was excluded. Chairman Burgin said the test came back that there was not elevated levels of cadmium.

Commissioner Miller said they did discuss that the County had bought the system in Erwin and there were some problems that Public Utilities was working on. He said he did state that when he worked at Fort Bragg back in the early 90s there were some problems down there. Commissioner Miller said at no time was he ever talked to about going to Erwin and cutting a line without the Boards permission and in fact when this was talked about he was not even part of the commissioners at that point. Commissioner Miller said they did not talk about anyone going out and having Mr. Ricky Temple cut a piece of pipe and have it tested.


Chairman Burgin said when this was done they were unable to get prior results and he doesn’t know if any tests were done or not. He said Mr. Ricky Temple was not aware of anyone taking a sample from the actual pipe and testing it and there was approximately one and a half pounds of sludge in the two foot section they looked at. Vice Chairman House said he has been getting calls about the water in Erwin for 6 years. He said in the past he actually brought water to drink from Erwin to former Neil Emory who would not drink the water. He said when he started asking questions he was told that there was just a little rust from those old pipes in the lines which would need to be flushed occasionally. Vice Chairman House said he wasn’t told the truth and there is money for testing in the budget. Chairman Burgin said the citizens have reported the problem for over 6 years and when he visited Mrs. Susan Davis the street near her home was actually orange where they drained the water and people in Erwin were fearful for their health. Commissioner Hill asked, if it was a health and safety issue, then why the Health Department wasn’t brought in.


Commissioner Miller asked Mr. Snow to enlighten commissioners on authority to circumvent the Board. Attorney Snow said, where he doesn’t disagree with Commissioner Miller’s statements made at the start of the meeting, what is before the Board on the agenda is whether they approve the payment of this bill or not. Commissioner Miller said he is not arguing about the amount of money but is arguing about the way it was done.


Vice Chairman House moved to approve the payment of the invoice. Commissioner Springle seconded the motion which passed 3 to 2.


Commissioner Hill asked for an update on Good Hope Hospital. Mr. Jeffries noted his intent to invite representatives from Good Hope and Central Harnett to come to an upcoming meeting to update the Board. He reported Good Hope was admitting patients but is required by the state to take 12 voluntary patients before they can take involuntary patients. He reported Central Harnett was going through a process of opening a number of beds gradually and transportation issues are being worked out. Mr. Jeffries said he believes the County has paid $100,000 to Good Hope for operation cost and $400,000 was budgeted.


Mr. Rankins introduced Mr. Patrick Fitzpatrick as the new Director of the Harnett County Library. Chairman Burgin asked Mr. Rankins to work with Sheila Simmons of First Choice regarding immediate satisfaction survey as he would like to start offering those.

Mr. Jeffries noted his upcoming department head meeting on February 5, 2013. Mr. Jeffries also reminded commissioners that he would be attending the NC City and County Manager’s Seminar in Durham February 6 – 8, 2013. Lastly, Mr. Jeffries noted that the Employee Benefits Committee would meet for the first time this week.


The Board of Commissioners are in the process of going paperless and are transitioning to using Samsung tablets. The agenda board packages are now put on line and commissioners will down load the information which is also available to the public. The Board of Education is also getting Samsung tablets to ensure communication and the sharing of information between the boards. Mr. Ira Hall, Harnett County Information Systems Administrator, provided training on the process of downloading the agenda packages electronically. Mr. Jeffries requested feedback and ideas for additional training on the tablets.

There was no new business.


Commissioner Springle moved that the Board go into closed session to 1) consider and give instructions to the County’s legal counsel/staff concerning the handling of certain legal claims including but not limited to the following case: “County of Harnett vs. Randy D. Rogers and Gary A. House,” Harnett County File No. 12 CVS 890; 2) discuss certain personnel matters; and

3) discuss matters relating to the location or expansion of industries or other businesses in Harnett County. Commissioner Hill seconded the motion which passed unanimously.


Commissioner Miller moved that the Board come out of closed session. Vice Chairman House seconded the motion which passed unanimously.


Commissioner Springle moved to adjourn the meeting at 11:26 am. Commissioner Miller seconded the motion which passed unanimously.



_____________________________________ ____________________________________

Jim Burgin, Chairman Margaret Regina Wheeler, Clerk


February 4, 2013 Regular Meeting Minutes

Harnett County Board of Commissioners

Page 8 of 8



SUBDIVISION REGULATIONS OF HARNETT COUNTY NORTH CAROLINA ADOPTED APRIL
SUMMARY OF RECORDING – PENELOPE HARNETT HOW SHE CAME


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