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030111sHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Special Session March 1, 2011 The Harnett County Board of Commissioners met in special session on Tuesday, March 1, 2011, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Sylvia Blinson, Finance Office Gina Wheeler, Clerk Chairman McNeill called the meeting to order at 9:00 a.m. and led the pledge and invocation. Greg Taylor, Executive Director of the BRAC Regional Task Force for the Fort Bragg Region, and staff gave an overview of the Fort Bragg and Pope Air Force Base (BRAC) Regional Task Force. Staff present: Don Belk, Regional Planner; Carolyn McLean, Director of Technology and Training; Renee Siemiet, Business Development Fiscal Officer; John Bellamy, Executive Assistant; and Tim Moore, Program Director for Education and Workforce Development. Mr. Taylor noted the BRAC -RTF was formed to address challenges presented by growth and to take full advantage of this opportunity; primary interfacing between the community and the base. The overview of Regional Economic Transformation included: Infrastructure: Planning Implementation Economic Development Education Programs Workforce Programs Harnett County Board of Commissioners March 1, 2011 Special Session Minutes Page 1 of 5 Mr. Taylor noted, due to the growth from BRAC, infrastructure impacts are: 1. School Construction 2. Impact Aid 3. Transportation (Road Air) 4. Regional Communications Interoperability (VIPER) 5. Workforce /Education 6. Healthcare Services Mr. Dakota Wright, a recent recipient of the General H. Hugh Shelton Leadership Scholarship, shared his experience in the program with the Board. Commissioner Burgin moved to approve the Resolution Opposing the Loss of County School Construction Dollars and the Shift of State School Funding Responsibilities to Counties. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 1) Commissioner Burgin moved to adopt a Joint Resolution by the Boards of County Commissioners for Chatham and Harnett Counties Requesting a Local Statutory Act that Would Modify the Method of Formulating the Membership Composition of the Board of Trustees of Central Carolina Community College. Commissioner House seconded the motion which passed unanimously. (Attachment 2) Dwight Snow, County Attorney, gave an update on the Harnett Health System Bond Financing. He noted Harnett Health System is required to have a local government sponsor. Mr. Snow distributed a proposed "Resolution of the Board of Commissioners of Harnett County, North Carolina Approving the Issuance by the Public Finance Authority of Bonds on Behalf of Harnett Health System, Inc." for review. Mr. Snow pointed out a statement in the material that read "the bonds shall not represent or constitute a debt of pledge of the faith and credit, monies, or the taxing power of Harnett County, the State of North Carolina, or any political subdivision of the state of North Carolina He also presented the Board with a Notice of Public Hearing in Connection with the Issuance by the Public Finance Authority of its Hospital Revenue Bonds, Series 2011 (Harnett Health System, Inc.) in the Aggregate Principle not to exceed $25 Million. Mr. Snow noted that Harnett Health Systems would bear the cost of the notice for public hearing if allowed to be placed on the March 21, 2011 agenda. Commissioner Andrews moved to host the public hearing and consider the resolution at 7:00 pm on March 21, 2011, which was seconded by Commissioner House and passed unanimously. Harnett County Board of Commissioners March 1, 2011 Special Session Minutes Page 2 of 5 Mrs. Blinson distributed financial reports to the Board. She also reported sales taxes are down approximately one million dollars. Mrs. Blinson discussed some restrictions and processes used in attempting to prepare the 2011/2012 proposed budget using 95% of last year's revenues as a goal as requested by Commissioner Burgin. Commissioner Burgin clarified his request and budget discussions continued. Chairman McNeill said we needed to eliminate frozen positions that continue to show up in the budget. Chairman McNeill also suggested surveying county employees as to what they might be willing to give up to avoid lay -offs. Mrs. Sandra Nowiski, Pastor of the Potters Vessel Church, requested the county assist her church with a fire hydrant requirement due to the church expanding. She said they need 700 feet of 6" line extension which will cost approximately $17,500. In regards to a sprinkler system being an option, Emergency Services Director Gary Pope noted fire code requirement states there must be a fire hydrant within 400 feet of the building once expanded. The County has absorbed over $2000 in engineering cost trying to assist the church. Mr. Sauer informed Mrs. Nowiski that under current ordinances the county does not have any authority or flexibility to fund this project. Commissioner Burgin suggested the church organize a meeting of residents on that road and give them an opportunity to fund the fire hydrant to receive discounts on insurance rates. Jennifer Slusser, Staff Attorney, presented a request regarding the debt of the Louise Lee Estate. Mrs. Slusser reported when Mrs. Lee passed, Public Utilities filed a claim against the estate in the attempt to collect $25,164.54 from 19 various accounts. Mrs. Slusser said there was a dispute with regards to the flat rate fees because when they were doing the original South Central projects some people claimed they were told they would not charged for the hook ups. No supporting documentation regarding this claim has been found. Mrs. Slusser said the estate is now being represented by Rebecca Davidson. Only a small very portion has been collected through NC Debt Set -Off Program. Mrs Davidson said her client is willing to settle the claim Harnett County has against the estate minus the late fees which total $6,130. Steve Ward, Director of Public Utilities, did not recommend removing the late fees. It was a consensus of the Board to not accept the settlement and let the claim move forward as is. Mr. Sauer noted when people retire in Harnett County, as part of their package, we continue paying some benefits for them and this cost is included in each department's budget. Jerry Blanchard, General Services Director, reported that since July 2010 there have been personnel and policy changes in Animal Control that seem to be working well. Mr. Blanchard said he feels that Animal Control could provide the same level of good service without filling a current vacant position which he proposes eliminating. Mr. Blanchard distributed an Animal Control annual report and a copy of the last annual inspection by the state. Mr. Sauer and Mr. Blanchard stressed being able to function at the level of service required by the state which is basically rabies control. Harnett County Board of Commissioners March 1, 2011 Special Session Minutes Page 3 of 5 Mr. Sauer reported there is an understanding, and has been for many years, that Harnett County Animal Control does not adopt out certain breeds of dogs considered dangerous. This practice is not currently in our ordinance and is being challenged by interested parties. Mr. Sauer said we would like to fmd a way legally to continue this practice. Mr. Sauer said we also get calls requesting leash laws. He said in a rural community it would be really difficult to enforce and would probably double the need for resources. Chairman McNeill suggested covering this issue in the UDO for subdivisions. Mr. Sauer shared a recent incident where an elderly lady was attacked by a dog that had escaped its dwelling. Mr. Blanchard justified the need for two employees in Public Buildings to drive county vehicles home daily. He noted the employees are on call 24 hours a day, 7 days a week and are called out often; especially with on -going issues at the jail. He reported that one person in Transportation drives a county vehicle home daily but serves as an in -house repair service for the HARTS vehicles and is able to assist the vans in route. Mr. Blanchard noted the county vehicles driven home from the landfill are to ensure they are not stolen or vandalized. Paula Stewart, IT Director, said her department is almost totally general fund supported and meeting the requested reduction would mean cutting positions. Mrs. Stewart distributed a handout including a list of IT Departmental priorities. She note these reductions, at a time with I.T. services are needed more than ever, would mean not being able to maintain what we have, dropping support on a lot of equipment with no software updates or training. There are also concerns about public safety. She said her staff is trying to think of money making ideas for their services because there are not a lot of computer supports. Gary Pope, Emergency Services Directors, reported that to meet the requested reduction means he will have to cut three full -time positions and one part-time position. He said if these positions are cut they would not be able to keep up their contracts with the towns to do fire code inspections. Mr. Blanchard noted the Public Building's budget is totally internal and reducing this budget would affect services received. He reported the option of cutting the custodian staff would not provide half of the reduction needed and the work would still have to be done by someone. Sheriff Larry Rollins requested money to fund a new position to join the Interstate Interdiction Drug Team. The Sheriff reported that there is a lot of money and drugs on our roadways. Sheriff Rollins told the Board, with this funding, has the opportunity to hire one of the best of these officers in the state. The Sheriff said the County will receive a percentage of money confiscated under this program. The Commissioner Burgin moved to approve up to $50,000 from the General Fund to fill this position. Commissioner House seconded the motion which passed unanimously. Mr. Sauer announced Davenport Investments would present fiscal policies during the special session starting at 8:00 am on Tuesday, March 15, 2011. He also reminded the Board of the upcoming Veteran's Ceremony Thursday night at 7:00 pm. Harnett County Board of Commissioners March 1, 2011 Special Session Minutes Page 4 of 5 Vice Chairman Hill moved that the board go in to closed session to 1) discuss certain personnel matters; and 2) to consider and give instructions to the legal staff concerning the handling of a certain lawsuit entitled, "Randy David Rogers vs. County of Harnett" Harnett County File No. 11 CVD 330. This motion was made pursuant to N.C. General Statute Section 143- 318.11(a)(6) &(3). Commissioner Andrews seconded the motion which passed unanimously. Since the Board held closed session in the Board of Commissioners meeting room, Mr. Snow asked Clerk Gina Wheeler to rejoin the meeting following closed session. Budget discussions continued. Mr. Sauer stated the county is a human capital business and referenced a list of 18 positions, both filled and frozen, being considered for potential cuts saving the county approximately $1.2 Million. Mr. Sauer said he would like to begin talking to department heads as soon as possible regarding his recommendation so that employees could be given a heads -up as soon as possible. Mr. Sauer compiled the list of 18 positions based on unfilled positions frozen over the last couple of years as well as discussions with various department heads. He said the list did not include names and had not been disseminated. Commissioner Burgin mentioned one of the specific positions discussed was the Tax Administrator currently held by Tony Wilder. Regarding Mr. Wilder's move to the Tax Department as questioned by Commissioner Burgin; Mr. Sauer responded there was vacancy within the Tax Department however he commented if he had known then what he knows now he probably would not have put Mr. Wilder in that position. Mr. Sauer reported staff continues to discover issues and problems in departments and projects previously overseen by Mr. Wilder. Mr. Sauer said he takes comfort in the fact that the County has trained Mr. Wilder as a Certified Tax Administrator. Commissioner Burgin questioned if there had been reviews done regarding Mr. Wilder's performance which there have not been and stated he believed this issue would be highly discussed and debated. Mr. Snow reminded the group they are in open session and that some of this discussion should occur during closed session. Commissioner Burgin asked that recreation funds collected be distributed to the appropriate towns and communities. He also requested a report regarding collection of back taxes handled by Attorney Billy Godwin. Commissioner Burgin moved to adjourn the meeting at 1:14 pm. Commissioner Andrews seconded the motion which passed unanimously. Timothy :I Neill, Chairman eeler, Clerk Harnett County Board of Commissioners March 1, 2011 Special Session Minutes Page 5 of 5 Attachment 1 Harnett COUNTY NORTH CAROLINA WHEREAS, counties in North Carolina are statutorily responsible for providing public school facilities in North Carolina and contribute significant county funds for classroom expenses; and WHEREAS, counties spend more than $1.5 billion annually for public school capital needs and $2.5 billion for public school operating expenses; and WHEREAS, counties rely on local sales taxes, property taxes, the county share of lottery funds and the county share of the corporate income tax to help fund public school capital needs and have issued public debt based on these revenue streams; and WHEREAS, counties have lost more than a quarter billion dollars in lottery and corporate income tax school construction funds over the current biennium; and WHEREAS, the Governor's budget proposal permanently eliminates the county share of the corporate income tax and reduces the county lottery share by 75 percent, costing counties more than $200 million per year in revenues dedicated to public school construction needs; and WHEREAS, the budget proposal shifts responsibility to pay for replacement school buses ($56.9 million per year) to counties; and WHEREAS, the budget proposal also takes the unprecedented step of forcing counties to assume the workers' compensation costs for state -paid public school employees ($34.6 million per year) and community college employees ($1.7 million per year) and to fund school tort claims ($4.6 million per year); and WHEREAS, the budget proposal reflects an overall cost shift to counties of $345 million in 2011 -12 alone, requiring counties to raise property taxes to manage a loss of this magnitude; NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners adamantly opposes the unfunded mandates and the loss of county revenues included in the Governor's budget proposal; and FURTHER BE IT RESOLVED that copies of this resolution be transmitted to the members of the General Assembly to let them know of our opposition to these unprecedented changes in county responsibility and the use of county revenues to balance the state budget. Adopted by the Harnett County Board of Commissioners in special session, this 1st day of March 2011. HARNETT COUNTY BOARD OF CO SSIONERS )Beatrice B. Hill, Vice Chair Z trt Gary "ouse strong roots a new growth RESOLUTION OPPOSING THE LOSS OF COUNTY SCHOOL CONSTRUCTION DOLLARS AND THE SHIFT OF STATE SCHOOL FUNDING RESPONSIBILITIES TO COUNTIES 7 T mot B. cNeill Chair C.., /1. Dan B. Andrews www.h arnett.org Attachment 2 JOINT RESOLUTION BY THE BOARDS OF COUNTY COMMISSIONERS FOR CHATHAM AND HARNETT COUNTIES REQUESTING A LOCAL STATUTORY ACT THAT WOULD MODIFY THE METHOD OF FORMULATING THE MEMBERSHIP COMPOSITION OF THE BOARD OF TRUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE THAT WHEREAS, Central Carolina Community College "CCCC serves and is supported by its administrative area which is composed of Chatham, Lee and Harnett Counties; that CCCC plays a vital role in making technical, college and adult education available in a quality and affordable manner to citizens of these three Counties and the surrounding area; and WHEREAS, CCCC is operated by a seventeen (17) member Board of Trustees who are appointed pursuant to the provisions of Article III of the CCCC Board of Trustees Bylaws which are based upon certain Board composition criteria as set forth in North Carolina General Statutes §115D -12; that under the current statutory method of election and appointment of Trustees there has been an imbalance of Trustees who reside in certain of the administrative area counties whereby Trustees who reside in Lee County had and continue to have a super majority of the Board of Trustees; and WHEREAS, both Chatham and Harnett Counties have satellite campuses of CCCC located in their respective jurisdictions, and they have made considerable investment in helping to meet the capital infrastructure and financial operation needs of CCCC; that each of these two Counties should have a greater if not equal representation on the CCCC Board of Trustees. NOW, THEREFORE, BE IT RESOLVED by the Chatham and Harnett County Boards of Commissioners that a joint request is hereby made to the North Carolina General Assembly that a local act be adopted for the benefit of Chatham, Lee and Harnett Counties whereby N.C. General Statutes §115D-12 be modified so that each of the three administrative area Counties for Central Carolina Community College (CCCC) can have equal Trustee member representatives on the CCCC Board of Trustees. BE IT FURTHER RESOLVED, that a copy of this Joint Resolution be forwarded to those General Assembly Representatives who serve Chatham, Lee and Harnett Counties and to the State Board of Community Colleges. Duly adopted by the Chatham County Board of Commissioners on the 41/ 6 ay of March, 2011. ATTEST: (2,,,01),D Sublett Clerk to the Board Duly adopted by the Harnett County Board of Commissioners on the S-' day of March, 2011. Id.16V1 Marg ret Regina heeler Cler to the Boar CHATHAM COUNTY BOARD OF COMMISSIONERS By: Brian Bock, Chairman HARNETT COUNTY BOARD OF COMMISSIONERS By: Timothy B cNeill, Chairman