020413mHARNETT 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:
Staff present:
Jim Burgin, Chairman
Gary House, Vice Chairman
Beatrice B. Hill, Commissioner
Joe Miller, Commissioner
C. Gordon Springle, Commissioner
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 depai lmental authorization prior to
having Mr. Ricky Temple engage in these services. Commissioner Miller said he understands
the work was perfouiied 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.
February 4, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
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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' Chaiiman 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
2. Budget Amendments:
224 Parks & Recreation
Code 110- 8200 - 450.74 -71 Capital Outlay - Land
110- 0000 - 399.00 -00 Fund Balance Appropriated
229 Governing Body
Code 110 -4100- 410.60 -33 Governing Body — Materials & Supplies
110- 8800 - 410.32 -16 Contingency
232 Cooperative Extension
Code 110- 7300 - 465.60 -39 Other Materials
110 - 0000 - 331.73 -05 Better Kid Care Training
233 Health Department
Code 110- 0000 - 353.75 -01 Family Caregiver Donations
110- 0000 - 353.15 -00 RSVP Donations
234 Health Department
Code 110 -7600- 441.60 -45 Drugs
110- 0000 - 331.76 -19 TANF -Birth Prevention (State)
235 Health Department
Code 110 - 7600- 441.32 -26
110- 7600 - 441.54 -26
110- 7600 - 441.60 -47
110- 0000 - 353.76 -05
Incentives
Advertising
Food & Provisions
Donations - Breast Cancer Awareness (Pink
Ribbon)
236 Emergency Services Department
Code 263 -5251- 420.30 -04 Professional Services
263- 0000 - 399.00 -00 Fund Balance Appropriate
5,000 increase
5,000 increase
3,073 increase
3,073 decrease
1,840 increase
1,840 increase
200 decrease
200 increase
2,128 decrease
2,128 decrease
271 increase
21 decrease
200 decrease
50 increase
10,000 increase
10,000 increase
February 4, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
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237 Sheriffs Department
Code 110 -5109- 420.60 -33 Materials & Supplies
110 -5109- 420.74 -74 Capital Outlay
110 -5109- 420.73 -01 Equipment — Not Capitalized
237 Sheriffs Department continued
Code 110 -0000- 331.51 -30 2012 Life is Fragile Enough CFDA
#16.738 2012 -DJ -BX -0640
238 Social Services Department
Code 110 -7710- 441.80 -90 Crisis Intervention
110- 0000 - 330.77 -01 Social Services Administration
239 Cooperative Extension Department
Code 110- 7300 - 465.32 -32 Community Rural Development
110- 0000 - 399.00 -00 Fund Balance Appropriated
2,600 increase
23,700 increase
3,700 increase
30,000 increase
267,997 increase
267,997 increase
1,000 increase
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
3. 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)
4. 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.
5. 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.
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Harnett County Board of Commissioners
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6. 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.
7. 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.
- Marcia Everette of 66 Sunrise Lane in Angier said she didn't think they were suppose to
do prayers in the beginning of a government service. She suggested having the material
recovery facility (landfills) to recover their recycled waste and recover their methane
which would also create jobs.
- Sharlene Jones of Angier asked the Board if they were aware that Chairman Burgin's
actions in the last county commissioner's meeting were illegal, she said, according to the
Associate Dean of the UNC School of Law. Mrs. Jones said she was quoting Frayda
Bluestein stating "no commissioner could instruct a county manager to do anything
without a majority of the vote of the board." Mrs. Jones said Ms. Bluestein further
indicated "that regardless of what action was taken by the Board in the past, the only
thing the Chairman could do was to bring it to the attention of the Board and that it would
still require a motion and a majority of the vote of the board for the action to be taken and
this is a NC state law." Mrs. Jones asked if the Board understood Mr. Burgin's role as
Chairman.
Penny Christman of Quail Hollow Road in Carolina Seasons commended the Board on
doing a great job. She thanked staff for their assistance with burned out properties in
Johnsonville. She also asked if Benhaven or Johnsonville schools would be eligible for
the federal rural computer program that Angier was recently selected for. She said she
would like to see some more recycling come to the Johnsonville area. Chaiiuian Burgin
reminded citizens that they can take their recycling to any of the convenient centers.
- Bob Wilson of the Johnsonville area said he is concerned about litter on the county road
sides. He said he believes a deposit on all bottle drinks would help with litter and
encouraged commissioners to make it known to our state representatives so they might
pass this law. He said the state could realize some income from this law. He also said it
is a law in some states that fast food restaurants put trash cans at their exit driveways.
Chairman Burgin said commissioners have been discussing what to do about litter.
Joe Langley, 297 Kirk Adams Road in Angier, restated his comments and requests made
at the January 22, 2013, board meeting. Mr. Langley said he has not received a response
or comment from any board member regarding his recommendations. Mr. Langley said
upon receipt of the information he has requested, and with the help of other interested
parties, he would prepare a timeline and release the information to the public. Mr.
Langley invited board members and interested parties to review his timeline before
distribution.
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Harnett County Board of Commissioners
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Chairman Burgin asked Mr. Langley to submit his public records request in writing to the
interim county manager. Vice Chaiiuian 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 terin 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
February 4, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 8
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 perfouii 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 1/4 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.
Chailman 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
February 4, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 8
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 Chaiiuian 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 Infoiination 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.
February 4, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 8
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.
urgin, hai
re t Regina
eeler, Clerk
February 4, 2013 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 8
ATTACHMENT 1
A RESOLUTION TO SEEK THE AMENDMENT OF
NORTH CAROLINA SESSION LAW 2004 -75
SENATE BILL 1161 ENACTED JULY 8, 2004
WHEREAS, the North Carolina General Assembly adopted Session Law 2004-75
known as "An Act to Require Counties and Cities Near Military Bases to Give Notice of
Land -Use Planning Changes to the Military Bases", and
WHEREAS, the law continues to be a very effective and important tool in facilitating
communication between North Carolina's military bases and the surrounding local
governments (cities and counties) concerning proposed zoning changes within five miles
of the bases, and
WHEREAS, certain provisions of the existing law have proven to be burdensome for
both the military and local governments to implement, and
WHEREAS, certain other potentially incompatible land uses were omitted from the
law's notification requirements.
NOW THEREFORE BE IT RESOLVED, that the County of Harnett hereby requests
the North Carolina General Assembly to adopt the following amendments to North
Carolina Session Law 2004 -75:
A. Delete the requirement for a "certified mail" notification to the military base
commanders [ 152A -323 (b) and 160A -364 (b)], and
B. Include the additional requirement for base commanders "or their 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.
Ady ' d this 4th da . ebruary, 2013
Chai ; n, Harnett County`,:. i .
ommissioners