030220mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
March 2, 2020
The Harnett County Board of Commissioners met in regular session on Monday, March 2, 2020,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina.
Members present:
Staff present:
Howard Penny, Jr., Chairman
Joe Miller, Vice Chairman
Mark B. Johnson, Commissioner
Barbara McKoy, Commissioner
Gordon Springle, Commissioner
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Penny called the meeting to order at 9:00 am. Commissioner McKoy led the Pledge
of Allegiance and invocation.
Chairman Penny called for any additions or deletions to the published agenda. Vice Chairman
Miller moved to approve the agenda as published. Commissioner Springle seconded the motion
that passed unanimously.
Commissioner Springle moved to approve items on the consent agenda. Commissioner McKoy
seconded the motion, which passed unanimously.
1. Minutes: February 17, 2020 Regular Meeting
February 25, 2020 Work Session
2. Budget Amendments:
928 Sheriff's Office
Code 1104310 535020 R&J
1104310 330210 Governor's Crime Commission
934 Sheriff's Office
Code 1104310 586000
1104310 330210
Public Safety
Edward Byme Grant
12,000 increase
12,000 increase
21,387 increase
21,387 increase
March 2, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 3
3. Tax rebates, refunds and releases (Attachment 1)
4. Harnett County Sheriffs Office requested approval to enter into a contract with
Propertyroom.com to allow them to receive found and seized evidence/property from the
Harnett County Sheriff's Office evidence room after the case has been reviewed,
dispositions signed by a Judge and it is determined that the items have no more
evidentiary value to the court or the Sheriff's Office. Propertyroom.com specializes in
online auctions. Monies realized from found property will be remitted to the Sheriff's
Office while funds from the sale of evidence will be remitted to the Harnett County
Board of Education.
Justin B. Hembree, the new Executive Director of the Mid -Carolina Council of Governments,
addressed the Board.
Chairman Penny opened the floor for informal comments by the public, allowing up to 3 minutes
for each presentation up to 30 minutes. The following citizens addressed the Board:
- Jerry Rivas of 364 Twin Ponds Road in Sanford
- Maylon Rawls with the Harnett Central High School Honors Civics class
- Penny Christmas of the Carolina Seasons subdivision in Cameron
There were no appointments.
Harnett County Senior Staff Attorney Christopher Appel presented the Ordinance Delegating
Authority to the Harnett County Attorney to Represent the County of Harnett in Legal Matters
for consideration. Mr. Appel assured the Board that staff would continue to update them as well
as seek approval for all legal matters however he believes this is necessary for any situations
where they need to react immediately. Vice Chairman Miller moved to approve the Ordinance
Delegating Authority to the Harnett County Attorney to Represent the County of Harnett in
Legal Matters as presented. Commissioner McKoy seconded the motion which passed
unanimously. (Attachment 2)
Ms. Stewart presented the following reports:
- DSS Monthly Report — January 2020
- Sandhills Center Quarterly Fiscal Report — December 31, 2019
Harnett County Health Director John Rouse and Emergency Services Director Larry Smith
provided an update regarding Coronavirus COVID-19. Mr. Rouse also shared the Coronavirus
COVID-19 Global Cases by Johns Hopkins CSSE website.
There was no new business.
March 2, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 3
Vice Chairman Miller moved that the Board go into closed session for the following purpose:
1) Consultation with the County's legal counsel in order to preserve the attorney-client
privilege concerning the handling of a certain claim and litigation including the following
case:
Estate of John David Livingston, II, el als vs. Kehagias, et als
US District Court, Eastern District of N.C., Western Division
File NO S:CV-00906-BO.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3). Commissioner
Springle seconded the motion that passed unanimously.
Before going into closed session, commissioners responded to questions from the Harnett
Central High School Honors Civics class.
Commissioner Springle moved that the Board come out of closed session. Vice Chairman
Miller seconded the motion that passed unanimously.
Vice Chairman Miller moved to adjourn the meeting at 11:41 am. Commissioner Springle
seconded the motion, which passed unani
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March 2, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 3
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ATTACHMENT 2
Harnett
COUNTY
NORTH CAROLINA
AN ORDINANCE DELEGATING AUTHORITY TO THE HARNETT COUNTY
ATTORNEY TO REPRESENT THE COUNTY OF HARNETT IN LEGAL MATTERS
www.harnett.org
WHEREAS, §153A-12 of the North Carolina General Statutes states that all powers,
functions, rights, privileges, and immunities of the corporation shall be exercised by the board of
commissioners.
WHEREAS, §153A-12 of the North Carolina General Statutes further states that a power,
function, right, privilege, or immunity that is conferred or imposed by law without direction or
restriction as to how it is to be exercised or performed shall be carried into execution as provided
by ordinance or resolution of the board of commissioners; and
WHEREAS, § 153A-114 of the North Carolina General Statutes requires the board of
commissioners to appoint a county attorney to serve at its pleasure and to be its legal advisor;
and
WHEREAS, it is the duty of the Harnett County Attorney to serve as the principal legal
advisor to the Harnett County Board of Commissioners; and
WHEREAS, the Harnett County Board of Commissioners desires to delegate the
authority to the Harnett County Attorney and Harnett County Legal Department staff to defend
and prosecute all legal matters on behalf of the County of Harnett and to retain outside counsel
as necessary to perform such duties.
NOW THEREFORE BE IT ORDAINED by the Harnett County Board of
Commissioners, the following ordinance is hereby adopted:
Section 1. County Attorney Duties
The County Attorney is appointed by the Board of Commissioners and is responsible for
being the principal legal advisor to the Board. The County Attorney, along with Legal
Department staff, shall represent the County in all legal matters except in situations where
certain County departments have their own counsel and in situations where it is determined to be
in the best interest of the County to retain outside counsel. The County Attorney and staff
attorneys shall have the authority to defend and prosecute all legal matters on behalf of the
County and shall have the authority to retain outside counsel as necessary to perform such duties.
Section 2. Effective Date.
This ordinance shall be effective on March 2, 2020.
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Adopted this the 2nd day of March, 2020.
ATTEST:
et Regi Wheeler, Clerk
www.harnett.org
THE - A' ► TT COUNTY COMMISSIONERS
and Penny, Ch
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