030518mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
March 5, 2018
The Harnett County Board of Commissioners met in regular session on Monday, March 5, 2018,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina.
Members present:
Staff present:
Gordon Springle, Chairman
Howard Penny, Vice Chairman
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Abe Elmore, Commissioner
Paula Stewart, Interim County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Springle called the meeting to order at 9:00 am. Commissioner Miller led the Pledge
of Allegiance and invocation.
Chairman Springle called for additions or deletions to the published agenda. Commissioner
Elmore moved to approve the agenda as published. Commissioner Miller seconded the motion,
which passed unanimously.
Commissioner Elmore moved to approve the following items listed on the consent agenda.
Commissioner McKoy seconded the motion, which passed unanimously.
1. Minutes: February 26, 2017 Special Session
February 19, 2017 Regular Meeting
2. Budget Amendments:
240 Sheriff's Office
Code 190-5100-420.60-65 Auto
190-0000-389-43-22 Interfund Transfer
241 Sheriffs Office
Code 251-5100-420.74-74 Capital Outlay
251-0000-399.00-00 Fund Balance
72,500 increase
72,500 increase
126,342 increase
126,342 increase
March 5, 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 4
247 Education Financing Proceeds
Code 299-8600-480-32-16 Contingency
299-8600-480-90-03 Other Financing Capital project
248 Fleet Services
Code 903-4610-410.74-74 General Services
903-0000-389.54-40 Interfund Transfers/Internal Service
250 Benhaven Elementary School CP1702
Code 336-8300-480-47-30 General Contractor
336-8300-480-47-62 Contingency
251 Youth Services
Code 110-7930-441.12-00 Human Services Salaries part time
110-7930-441.74-74 Human Services Capital Outlay Equip.
255 Emergency Services
Code 110-5300-420.60-33 Materials & Supplies
110-0000-356.30-00 Reimbursements/Claims
530,220 decrease
530,220 increase
2,000 increase
2,000 increase
44,540 decrease
44,540 increase
784 decrease
784 increase
3,961 increase
3,961 increase
3. Public Utilities requested approval of write-offs for the fourth quarter of 2017 in the
amount of $58,817.22. All of these accounts have been delinquent for more than three
years. The facilitation of these write-offs is an important step in a continuing effort to
effectively manage collections and bad debt.
4. Harnett County Library requested approval of the Harnett County Library Master Plan for
2018-2023. The document will serve as a guide for improving library services for
citizens throughout Harnett County. Based on research, data, and input from citizens,
staff, and other constituents, the master plan focuses on the long-term sustainability of the
county's library system and identifies the evolving needs of current and future library
patrons. Specific goals and objectives will serve as action steps for meeting identified
needs, expanding library services and increasing library resources.
5. Harnett County Engineer requested approval of Construction Manager at Risk contract
with Balfour Beatty for Preconstruction, Construction, and Post Construction Services for
the Government Complex South and the addition to the DSS building.
Chairman Springle opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
Jerry Rivas of 364 Twin Ponds Road in Sanford addressed the Board. He talked about a
recent cleanup of an illegal dumpsite, volunteered to help clean up illegal dumpsites in
the county, said we need more deputies on the roads and we must arm our teachers.
March 5, 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 4
Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore
seconded the motion, which passed unanimously.
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
Rhonda Hutchinson, DeAngelo Jackson, & Annie Johnson Owens were reappointed to
serve on this committee for a term of two years expiring March 31, 2020.
BOARD OF EQUALIZATION AND REVIEW
George Thurman was appointed to serve on this board for a term of two years ending
February 28, 2020.
TOWN OF ANGIER
Chris Hughes was appointed to serve on the Angier Planning Board and the Angier Board
of Adjustments as an ETJ member for two-year terms expiring December 31, 2019.
Commissioner Elmore moved to bring the Resolution Levying a Six Percent (6%) Room
Occupancy Tax within Harnett County District H and the Resolution Creating the Harnett
County District H Tourism Development Authority off the table for consideration.
Commissioner Miller seconded the motion that passed unanimously.
Commissioner McKoy moved to approve the Resolution Levying a Six Percent (6%) Room
Occupancy Tax within Harnett County District H. Commissioner Elmore seconded the motion
that passed 3 to 2 with Vice Chairman Penny and Commissioner Penny opposing. The tax will
become effective May 1, 2018. (Attachment 1)
Commissioner Miller moved to approve the Resolution Creating the Harnett County District H
Tourism Development Authority. Commissioner Elmore seconded the motion that passed
unanimously. (Attachment 2)
Mrs. Stewart presented the following report:
- Harnett County Financial Summary — January, 2017
- Harnett County Sales Tax Analysis by Article — November, 2017
- Harnett County Schools Financials — January 31, 2018
Mrs. Stewart sought direction from the Board regarding three issues. Commissioners directed
staff to respond to the Boys and Girls Club of Central Carolina letting them know the County
already has other plans for the Shawtown facility. Regarding Harnett County Schools request
that all remaining current expenses and capital outlay funds for the remainder of the fiscal year
be paid to them in monthly appropriations; it was the consensus of the Board that staff continue
to reimburse invoices for capital and special appropriations submitted by Harnett County Schools
instead of monthly appropriations. A response to the Harnett County Mayor's Committee will
be drafted following more discussion.
March 5, 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 4
Representatives from Anderson Creek Inn and Microtel Suites of Lillington spoke out, saying
they were under the impression they would be able to speak about the tourism authority before it
was voted on today.
Commissioner Miller asked, in regards to recent threats made by students, if their parents could
be fined for the additional man-hours it costs the Sheriff's Office to react. He said each threat
must be taken serious. Mr. Snow responded that we need to research this to see if there is a
viable way, if there is a local ordinance or current law that would satisfy concerns.
Commissioners will invite Sheriff Coats to attend their upcoming March 27 joint meeting with
the Board of Education to discuss options.
Commissioner McKoy moved that the Board go into closed session for the following purposes:
1) To instruct the county staff concerning the position to be taken by the County in
negotiating a contract for the acquisition of real property.
2) To discuss certain personnel matters; and
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(5)&(6).
Commissioner Miller seconded the motion, which passed unanimously.
Commissioner Elmore moved that the Board come out of closed session. Vice Chairman Penny
seconded the motion, which passed unanimously.
Commissioner McKoy moved to amend her motion to go into closed session to include:
3) Consultation with the County's legal staff in order to preserve the attorney-client
privilege concerning the handling of certain claims and litigation including (a) the
claim investigation by the U.S. Department of Justice the Harnett County Sheriff's
Department; (b) Livingston, et als v Kehagias et als, US District Court, Eastern
District of NC, Western Division Case No. 5: 16CV-00906-BO;
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3).
Commissioner Miller seconded the motion, which passed unanimously.
Commissioner Elmore moved to adjourn the meeting at 10:05 am. Vice Chairman Penny
seconded the motion that passed unanimousl
Go on Sprin: hai n an
t Regina eeler, Clerk
March 5, 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 4
ATTACHMENT 1
Harnett
COUNTY
!(
NORTH CAROLINA
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX
WITHIN HARNETT COUNTY DISTRICT H
THAT WHEREAS, Harnett County is one of the five fastest growing counties in North
Carolina and among the top 100 fastest growing counties in the United States; and
www.harnett.org
WHEREAS, as Harnett County continues growing, it will be beneficial to bring in revenue from
tourism so that the county's residents do not have to bear the entire burden of funding programs
and services through their tax dollars; and
WHEREAS, the North Carolina General Assembly passed Session Law 2017-202, which
created Harnett County District H as a taxing district and authorized the Harnett County Board of
Commissioners to serve ex officio as the governing body of the district; and
WHEREAS, Harnett County District H consists of all of Harnett County exclusive of the
Averasboro Township; and
WHEREAS, Session Law 2017-202 authorizes the Harnett County Board of Commissioners to
levy a six percent (6%) occupancy tax within Harnett County District H on the gross receipts
derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn,
tourist camp, or similar place within the district that is subject to sales tax imposed by the State
under G.S. 105-164.4(a)(3); and
WHEREAS, a public hearing was held on December 18, 2017, to consider the levying a six
percent (6%) room occupancy tax within Harnett County District H; and
WHEREAS, public notice was given of the public hearing in accordance with the law at least
ten (10) days prior to the date of the hearing; and
WHEREAS, the Harnett County Board of Commissioners does hereby find and declare that the
levying of said room occupancy tax within Harnett County District 11 is both desirable and
necessary to promote tourism within Harnett County.
NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners
enacts the following:
1. There is hereby imposed and levied within Harnett County District H a six percent (6%)
room occupancy tax of the gross receipts derived from the rental of any room, lodging, or
accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the
district that is subject to sale tax imposed by the State under G.S. 105-164.4(a)(3)
effective May 1, 2018. This tax is in addition to any State or local sales or room
occupancy tax. This tax shall not apply to any room or rooms, lodging or
accommodations supplied to the same person for a period of ninety (90) continues days
strong roots • new growth
2. The occupancy tax is due and payable to the Harnett County Finance Office in monthly
installments on or before the 15th day of the month following the month in which the tax
accrues. Every person, firm, corporation or association liable for the tax shall, on or
before the 15th day of each month, prepare and render a return on a form prescribed by
the Harnett County Finance Office. The return shall state the total gross receipts derived
in the preceding month from rentals upon which the tax is levied. A room occupancy tax
return filed with the Harnett County Finance Officer is not a public record and may not
be disclosed except in accordance with G.S. 153A-148.1 or G.S. 160A-208.1.
3. In his/her discretion, the Harnett County Tax Administration may proceed against an
operator whose occupancy tax is delinquent, employing all remedies for collection of tax
as set out in G.S. 105-367, 105-368, 105-374, and 105-375.
4. A person, firm, corporation, or association who fails or refuses to file a room occupancy
tax return or pay a room occupancy tax as required by law is subject to the civil and
criminal penalties set out in G.S. 105-236 for failure to pay or file a return for state sales
and use taxes. The Harnett County Board of Commissioners has the same authority to
waive the penalties for room occupancy tax that the Secretary or Revenue has to waive
the penalties for State sales and use taxes.
5. Every operator of a business or individual renting his or her own property subject to the
tax levied shall, on and after the effective date of the levy of the tax, collect the six
percent (6%) room occupancy tax.
6. Harnett County or designee may retain from the gross proceeds of the tax collected, an
amount sufficient to pay its direct costs for administrative and collection expenses. "Net
proceeds" shall mean the gross proceeds less the direct costs for administrative and
collection expenses to be set at three percent (3%) of the first $500,000 of gross proceeds
collected each year and one percent (1%) of the remaining gross proceeds collected each
year.
7. The Harnett County Board of Commissioners shall create and appoint the Harnett County
District H Tourism Development Authority, which shall be a public authority under the
Local Government Budget and Fiscal Control Act. The Harnett County Finance Office
shall, on a quarterly basis, remit the proceeds of the occupancy tax, less the County's
expense of administering and collecting the tax, if any, to the Harnett County District H
Tourism Authority. The Authority shall use two-thirds (2/3) of the funds remitted to it to
promote travel and tourism in Harnett County District H and use the remaining one-third
(1/3) of the funds remitted to it for tourism -related expenditures in the district.
www.harnett.org
8. The Harnett County Board of Commissioners may by resolution amend or repeal the levy
of the room occupancy tax, but no repeal or amendment shall become effective until the
end of the fiscal year in which the resolution was adopted. Repeal or amendment of a
room occupancy tax does not effect a liability for a tax that was attached before the
effective date of the repeal or amendment, nor does it effect a right to a refund of a tax
that accrued before the effective date of the repeal or amendment.
Adopted this 5th day of March 2018.
ATTEST:
COUNTY BOARD OF COMMISSIONERS
or on Sprin
Margret Regina j eeler, Clerk to the Board
www.harnett.org
ATTACHMENT 2
Harnett
COUNTY
NORTH CAROLINA
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
CREATING THE HARNETT COUNTY DISTRICT H
TOURISM DEVELOPMENT AUTHORITY
www.harnett.org
THAT WHEREAS, the North Carolina General Assembly passed Session Law 2017-202,
which created Harnett County District H as a taxing district and authorized the Harnett County
Board of Commissioners to levy a six percent (6%) occupancy tax within Harnett County
District H on the gross receipts derived from the rental of any room, lodging, or accommodation
furnished by a hotel, motel, inn, tourist camp, or similar place within the district that is subject to
sales tax imposed by the State under G.S. 105-164.4(a)(3); and
WHEREAS, Session Law 2017-202 requires that when the Harnett County Board of
Commissioners adopts a resolution levying a room occupancy tax, it shall also adopt a resolution
creating the Harnett County District H Tourism Development Authority, which shall be a public
authority under the Local Government Budget and Fiscal Control Act; and
WHEREAS, the Harnett County Board of Commissioners desires to create the Harnett County
District H Tourism Development Authority to expend the net proceeds of the room occupancy
tax to promote travel and tourism in the district and make tourism -related expenditures in the
district.
NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby do the following:
1. Establishes the Harnett County District H Tourism Development Authority, which shall
be a public authority under the Local Government Budget and Fiscal Control Act. The
Authority shall expend the net proceeds of the Harnett County District H occupancy tax
for the purposes provided in Session Law 2017-202. The Authority shall promote travel
and tourism in the district and make tourism -related expenditures in the district.
2. Establishes the following procedures for the appointment of membership: The Harnett
County Board of Commissioners shall appoint five (5) members to the Harnett County
District H Tourism Development Authority, selected as follows:
a. Lodging — Two (2) appointees
Two (2) members shall be individuals who are affiliated with businesses that
collect the occupancy tax in the district. (one-third)
b. Business/Tourism Related — Three (3) appointees
Three (3) members shall be individuals who are currently active in the promotion
of travel and tourism in Harnett County District H. (one-half)
c. Administrative — non-voting
The Harnett County Finance Officer shall be a non-voting ex officio member and
serve as Finance Officer of the Harnett County District H Tourism Development
Authority. The Harnett County Manager, or his/her designee, shall be a non-
voting ex officio member.
Upon appointment of the initial five members of the Harnett County District H Tourism
Development Authority, the Harnett County Board of Commissioners shall also adopt
bylaws for the Authority.
strong roots - new growth
3. Establishes the following terms of appointment:
a. The initial terms of the Authority shall be as follows:
One (1) Lodging and one (1) Business/Tourism Related member shall be
appointed for a three-year term.
One (1) Lodging and one (1) Business/Tourism Related member shall be
appointed for a two-year term.
One (1) Business/Tourism Related member shall be appointed for a one-year
term.
Thereafter, all terms shall be for three (3) years.
b. Members serve until their successors are appointed and qualified.
c. Members may be replaced and removed at any time at the discretion of the
Harnett County Board of Commissioners.
4. Establishes the following procedures for filling vacancies: A vacancy occurring in any
category of membership shall be filled within that category by an appointment for the
remainder of the unexpired term by the Harnett County Board of Commissioners.
5. Establishes the following compensation: Members of the Authority shall serve without
compensation, but may be reimbursed for expenses actually incurred in connection with
the performance of their duties in accordance with such rules as the Authority may from
time to time adopt.
6. Establishes the following procedures for appointing officers: the Chairperson of the
Authority shall be designated by the Harnett County Board of Commissioners on an
annual basis. The Authority shall elect from its membership, on an annual basis, a Vice
Chairperson to serve in the absence of the Chairperson. The Harnett County Manager, or
designee, shall be ex officio Secretary to the Authority, and the Harnett County Finance
Officer shall be the ex officio Finance Office of the Authority.
7. Establishes the following requirements for reporting: The Authority shall report quarterly
and at the close of the fiscal year to the Harnett County Board of Commissioners on its
receipts and expenditures for the preceding quarter and for the year in such detail as the
board may require.
Adopted this 5th day of March 2018.
HARN COUNTY BO RD OF COMMISSIONERS
ATTEST:
Gordon Springle,
g et Regineeler, Clerk to the Board
www.harnett.org