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Home My WebLink About012213mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 22, 2013 The Harnett County Board of Commissioners met in regular session on Tuesday, January 22, 2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chaiuiian Gary House, Vice Chairman Beatrice B. Hill, Commissioner Joe Miller, Commissioner C. Gordon Springle, Commissioner Joseph Jeffries, Interim 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 7:00 pm. Boy Scout Logan Stewart, accompanied by Dr. Jim Martin and Susan Rhodes of the Cape Fear District Boy Scouts, led the pledge of allegiance. Commissioner Joe Miller led the invocation. Chaiiivan Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the addition of #225 Budget Amendment for Governing Body and Administration Departments in the amount of $3,337. Mr. Jeffries also requested the consideration of a revision to Parks and Recreation's request for permission to offer to the purchase land on the Little River from the Lillington American Legion Post 28. Commissioner Miller moved to approve the agenda as amended. Commissioner Springle seconded the motion which passed unanimously. Commissioner Miller asked to remove from the consent agenda for discussion purpose Parks and Recreation's request for permission to offer the Lillington American Legion Post 28 $5000 for the purchase of their land on the Little River located at the end of American Region Road off of NC Hwy 210 and to name the park in honor of the American Legion Post 28. Commissioner Hill asked to remove from the consent agenda for discussion purposes the County's contribution of an additional $500 in to each employee HSA/HRA account. Vice Chairman House asked to remove from the consent agenda for discussion purposes the adoption of Framework for Best Management Practices for Capital Projects for change orders. Chairman Burgin, under public disclosed, in reference to the Library's request to apply for a LSTA grant for the 2013 -2014 year grant cycle for funding to hire Dr. Robert Burgin as a consultant to develop a strategic program and long range plan, that he does not know him, has never met him and to his knowledge is not related to Dr. Burgin. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 14 Vice Chairman House moved to approve the consent agenda as amended. Commissioner Miller seconded the motion which passed unanimously. 1. Minutes: Correction to Minutes of the December 17, 2012, Regular Meeting 2. Budget Amendments: 202 Teen Court at Risk Youth Code 110 -5899- 420.35 -59 Teen Court (JPC) 110 -5899- 420.35 -25 Court Psychology 110- 0000 - 399.00 -00 Fund Balance Appropriated 110 - 0000 - 334.58 -05 Teen Court 110- 0000 - 331.41 -02 Court Psychology 203 Teen Court at Risk Youth Code 110 -5899- 420.35 -59 Teen Court (JPC) 110 -0000- 334.58 -05 Teen Court 206 Sheriffs Office Code 110 -5100- 420.43 -21 Maintenance & Repair Auto 110 -0000- 356.30 -00 Insurance Claims 208 Public Utilities PU0704 Ft. Bragg W &WW Code 568- 9100 - 431.46 -04 Sullivan Eastern Inc 568- 9100 - 431.45 -20 Legal & Admin 209 Library Code 110- 8100 - 450.60 -33 Materials & Supplies 110- 0000 - 331.81 -01 NC State Aid /Library 210 Transportation Code 110- 0000 - 334.55 -01 110- 0000 - 399.00 -00 213 Health /Aging Code 110 - 7500- 441.60 -49 110- 0000 - 331.77 -03 NCDOT Adm Fund Balance Appropriated Materials & Supplies Clients Block Grant 215 Planning Services Code 110- 7200 - 465.33 -45 Contracted Services 110- 0000 - 322.72 -01 Cell Tower Fees 1,575 increase 1,733 decrease 158 decrease 1,575 decrease 1,575 increase 40,000 decrease 40,000 decrease 2,652 increase 2,652 increase 3,223 increase 3,223 decrease 1,245 decrease 1,245 decrease 164,021 increase 164,021 decrease 1,988 increase 1,988 increase 21,000 increase 21,000 increase January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 2of14 217 Economic & Physical Development - Adult Program Salaries & Wages Salaries & Wages Part-time FICA Telecommunications & Postage Utilities Travel Administration Salaries & Wages Part-time Worker Compensation FICA Code 234 -7411- 465.11 -00 234 -7411- 465.12 -00 234 -7411- 465.22 -00 234 - 7410- 465.41 -11 234 -7410- 465.41 -13 234 - 7410- 465.58 -14 234 -7410- 465.12 -00 234 - 7410- 465.26 -08 234 - 7410- 465.22 -00 223 Public Utilities PU1002 SCWW 1B -2 Code 574- 9100- 431.45 -54 WWTP Capacity Purchase 574- 9100 - 431.45 -01 Construction 225 Governing Body & Administration Code 110- 4100- 410.60 -33 Governing Body — Materials & Supplies 110- 4150- 410.60 -33 Administration — Materials & Supplies 110- 4100- 410.44 -21 Governing Body — Lease Expense 110- 8800 - 490.32 -16 Contingency 3. Tax refunds, rebates and releases (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 3,700 decrease 3,500 increase 200 increase 2,000 decrease 1,000 decrease 1,200 decrease 3,500 increase 350 increase 350 increase 608,542 decrease 608,542 increase 2,560 increase 512 increase 265 increase 3,337 decrease 5. Sheriff Rollins requested to award a service side arm, a Glock Model 22 handgun, to Deputy William L. Bell for one dollar ($1.00) upon his retirement from the Sheriff's Office. (Attachment 3) 6. Emergency Services requested, on behalf of Flat Branch Fire Department, authorization to purchase a 2013 1500 gpm Pierce Pumper /Tanker. The current pumper /tanker is 22 years old and is beginning to prove to be unreliable. The new pump /tanker will be an enclosed cab and will carry a six man crew. The pumper /tanker will be financed through First Bank for Flat Branch Fire Department in the amount of $442,443 7. Library requested permission to apply for a LSTA grant for the 2013 -2014 year grant cycle for funding to hire a consultant to develop a strategic program and long range plan. Library staff working with the consultant will be in -kind services and no matching funds are required. 8. Human Resources, on behalf of Public Buildings, requests approval to reclassify a custodial position, vacated due to an employees retirement, to Facilities Maintenance Technician to meet current demands for building maintenance. The reclassified position will be a pay grade 63 with a salary range of $30,789 to $36,946. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 14 9. The Trustees of Harnett Health System, Inc. request approval of Trustee nominees Earnest Alphin of District 2, Jimmy McCoiniick of District 5 and Barbara McKoy of District 1. Mrs. McKoy will complete the term of Mr. Donnie Olds. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Charlene Jones, 23 70 Old Buies Creek Road in Angier, said if the Board considered doing away with the lawsuit that Gary House should not be able to vote because he is a defendant in that lawsuit. She said she believes the lawsuit needs to move forward and stated that taxpayers are not paying for the lawsuit however Harnett County Public Utilities is paying for it out of the money that comes from selling water sewer to our citizens along with many other counties. - Wanda K. McLamb of Hodges Chapel Road in Benson said she would like to see the lawsuit against Gary House dropped and if voted on he should be allowed to vote. She said taxpayers don't need to pay for an outside attorney when they have an attorney on payroll. - Allan Button, 61 Karen Court in Angier, thanked the commissioners for their willingness to serving Harnett County and said he supports their proactive approach moving forward in 2013 and looking beyond as it takes a proactive Board of Commissioners with a clear sense of direction to encourage the positive and resist the negative. He commended their initiative to address the matter of commercial shooting ranges and urged the Board, as they deal with issues of growth, not to let Harnett County become an extension of Fayetteville sprawl or Wake County subdivision. He said land use results such as noise, light; odors, traffic and trash need to be accounted for when proposals are made. Mr. Button also encouraged them to pursue public private partnerships regarding finances. - Joe Langley, 298 Kirk Adams Road in Angier, expressed concern about information not being released to the public in regards to the on -going investigation of Public Utilities. Mr. Langley distributed copies of a USDA letter dated December 27, 2012, to Chairman Burgin regarding the South Central Water and Sewer District Wastewater Project — Capacity Fees, and then read the letter out loud. It was the consensus of the Board to allow Mr. Langley to continue to comment after the 3 minute time limit expired. Mr. Langley said all allegations made have been investigated by the appropriate government agencies and to date have found no wrong doing on the part of Public Utilities. Mr. Langley proposed the following saying this would bring clarity and resolution to this issue allowing total transparency: 1) Requests that Harnett County Legal Services prepare a written timeline of factual events starting with the initial allegations of wrong - doing, 2) Requests that Harnett County Public Utilities provide to the public a review and an accounting of all monies that have been paid to date to defend themselves against the allegations that were brought against them and all monies that have been spent on lawsuits that have been brought against other parties in this matter 3) Would like if possible some sort of time accounting for the amount of hours that have been spent January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 14 4) Requests that the County inform the public by publishing responses to his requests in local newspapers or mail the responses to all citizens in their water bills. Pat Cameron of Erwin, a former county employee and department head, said employees that have talked to him want to see the lawsuit end. Mr. Cameron listed many comments and questions regarding the lawsuit and actions associated with it and asking commissioners to please put an end to it and move forward. Patrick Flowers, 1133 Shady Grove Road, addressed commissioners regarding shooting ranges and the need for regulation. Mr. Flowers responded that he has not been given a key to the gate of the Mitchell's Property. Chairman Burgin said he had instructed Public Utilities to give Mr. Flowers a key so that he could maintain the fire breaks. Daniel Glover, 2338 Old Stage Road, commended the Board for bringing transparency and said the lawsuit has been drawn out way too long. Mr. Glover spoke against Commissioner House voting on the lawsuit saying "You can't be your own judge and jury and defendant and this is not only a conflict of interest but corruption" Tom Stewart of Erwin said he understands that the county has already spent $139,000 on the lawsuit and if it goes through all of the court processes it could cost up to half a million dollars and he asked what are the taxpayers going to get out of all the expenditures of this kind of money? Commissioner Hill said a lot of people really don't know the truth behind the lawsuit and asked if stealing is a crime? Commissioner Hill said the money for this case is coming from Public Utilities, she said it comes from water bills not out of tax- payer's pockets, and she wants to see it over too but want to see the truth come out of it. Chairman Burgin said he would like for the Board to look at term limits for all of their Boards and Committees to get more people involved. He noted that the Board of Equalization and Review member's yearly terms are up for reappointment with some members having served over 12 years /terms. Commissioner Springle moved to approve the appointments listed below. Commissioner Hill seconded the motion which passed unanimously. AIRPORT COMMITTEE Rhett Raynor and Joseph Tart (nominated by Vice Chairman House) were reappointed to serve on this committee for tenns of four years expiring December 31, 2016. HISTORIC PROPERTIES COMMISSION Melanie Collins (nominated by Vice Chairman House) was appointed as an alternate on this commission for a term of 3 years ending February 28, 2016. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 5of14 Parks and Recreation requests permission to offer the Lillington American Legion Post 28 $5000 for the purchase of their land on the Little River located at the end of American Region Road off of NC Hwy 210. The County will also name the park in honor of the American Legion Post 28. Parks and Recreation proposes to use the property for a public access to launch canoes and kayaks and once developed, having a picnic shelter and restroom facility at the park. Commissioner Miller said he does not have a problem with the American Legion Property Land Acquisition if the citizens can use it but wonders where the money will come to cover the project costs over and above the recreation fees available for the Town of Lillington. Mr. Jeffries, on behalf of Parks and Recreation Director Carl Davis, explained that plans are to develop the park as monies become available or when grants may be obtained with the final plan to encompass a picnic shelter, small restroom facility and parking lot. In -kind services may be used as match for some grants. A canoe/kayak access area is already on the property. Mr. Davis is exploring having a fire training exercise to demolish an existing abandoned structure on the property. Other initial steps to getting the park open would be spreading ABC gravel to form a parking lot which may be funded in the current Parks and Recreation budget. Commissioner Miller moved to approve the request as presented. Vice Chairman House seconded the motion which passed unanimously. Commissioners discussed the County's contribution of an additional $500 in to each employee HSA/HRA account which will cost around $300,000. Mrs. Blinson reported these funds would come from fund balance and gave a brief overview of fund balance. Mrs. Blinson will confirm the amount of money gotten back from the HRA contributions that the county had set -aside last year which Chairman Burgin believes is around $300,000. Commissioner Hill asked to table the issue. Vice Chairman House said he believes we need to provide employees some relief. The employee's insurance plan and deductibles run on the fiscal year. Commissioner Miller was told commissioners could look at a new health insurance program for employees on July 1st. Mr. Jeffries noted that BC /BS representatives were coming to the upcoming retreat to discuss options with commissioners. Vice Chairman House moved to approve the County's contribution of an additional $500 in to each employee HSA/HRA account. Commissioner Springle seconded the motion. Commissioner Miller confirmed that this allotment of approximately $300,000 would not put the County below state requirement for fund balance which is 8% with the County's current fund balance around 15 %. The motion passed 4 to one with Commissioner Hill opposing. Commissioners discussed the proposed Framework for Best Management Practices for Capital Projects for change orders. Vice Chairman House said he has lost trust and confidence in some of the employees who are making these change orders and he fears the way the framework is written would allow issues to continue. Vice Chairman House proposed that the change orders be reviewed and approved by the County Manager and the County Engineer who would also decided if it needed to come before the Board. Vice Chairman House said he has all of the trust and confidence in the world in Amanda Bader who drafted the proposed framework. Commissioner Springle moved to include "and county engineer" within #3 of the proposed framework. Vice Chairman Burgin seconded the motion which failed 3 to 2 with Commissioners Hill, House and Miller opposing. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 6of14 Commissioner Springle moved to approve the Framework for Best Management Practices for Capital Projects for change orders as written. Commissioner Miller seconded the motion which passed 4 to 1. Mark Locklear petitioned the Board for a public hearing on Proposed Zoning Change: Landowner /Applicant: C.L. Byrd, From RA -20M to Commercial Zoning; 3.52 acres (2 tracts); Corner of US 421 & Prospect Church Road; Grove Township. Mr. Locklear reported the Planning Department staff recommends approval of the request based on impact, compatibility and enhancement of public health, safety and general welfare. The Planning Board considered the proposed zoning change at their January 7, 2013, meeting. The site is contiguous to exiting commercial zoning and findings were found favorable. Both tracts of land are currently vacant and surrounding land uses consist of Moore's Storage Building, McLeod Furniture, a church, single family dwellings and vacant land. The Planning Board unanimously recommends approval of this request. Mr. Locklear reported staff evaluation as: - The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or halm to the community. REASONING: The requested zoning to commercial would not have an unreasonable impact on the community, due to already existing commercial and industrial zoning in the area. The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is not compatible with the existing Land Use Classification of Low Density Residential. The classification is to promote single family homes, manufactured homes or larger size lots. However, the requested zoning to commercial would be appropriate due to the surrounding land uses and staff recommends amending the land use plan. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to commercial would maintain the public health and general welfare due to other commercial uses in the area. This request does not need to be evaluated for SMALL SCALE REZONING. The property is adjacent to commercially zoned property and therefore would not need to be evaluated as a small scale rezoning. - Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Commercial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 7of14 Commissioner Springle moved to called to order a public hearing on the matter and open the floor for public comment. Vice- Chai ian House seconded the motion which passed unanimously. Gene McLeod, who owns McLeod Furniture Store and the property that adjourns the proposed property, spoke in support of the property being rezoned commercial. Mr. McLeod said he understands the property will be used to build a convenient store which everybody around there would like to have such a facility nearby. Seeing no one else move, Commissioner Hill moved to close the public hearing. Commissioner Springle seconded the motion which passed unanimously. Vice Chaiiinan House moved to approve the rezoning as presented. Commissioner Miller seconded the motion which passed unanimously. Tom Frye, Superintendent, thanked commissioners for their approval of the Highland Middle School project. He noted the ground- breaking ceremony for this project is schedule at 11:00 am on Friday, February 1, 2013. Mr. Frye discussed the remaining $2 Million of Qualified School Construction Bond (QSCB) allotment funds. Mr. Frye explained that approximately $29 million of the QSCB funding was needed for the Highland Middle School project which leaves $2,224,559 still available. Mr. Frye said his office has received communication from the NC Department of Public Instruction (DPI) wanting to know if the commissioners were planning to sale any additional bonds against what they have been given authority. Mr. Frye is seeking guidance noting that the money was suppose to expire December 31st but the implication received in his office was that commissioners may still have the opportunity to sale the additional bonds. Yearly payments on the additional funds were estimated at $104,000 with nearly zero percent interest. Chairman Burgin ask if the Board of Education had money in their fund balance to make the payment on this for two years until the County can get caught up on some things. Mr. Frye said he could not obligate funds on behalf of his Board. Mr. Frye said he needed to give DPI a response the following day. Mrs. Blinson said we are required to budget the full amount of interest and make payments into an escrow account for these funds. Commissioners would need to work with their bond counsel to sale the bonds and the money must be used for construction or capital improvements to existing structures. Mr. Frye said he could use this money immediately on many projects within the schools. Commissioner Miller moved to let the schools have the remainder of the QSCB funding. Commissioner Springle seconded the motion which passed unanimously. Vice Chairman House asked Mr. Frye if all students have textbooks. Mr. Frye explained the new curriculum doesn't rely on a textbook which are not simply a resource that teachers have that can be check out if needed. Barry Blevins, Airport Administrator, presented the Harnett Regional Jetport Transportation Improvement Plan (TIP) 2014 — 2018 Project Listing. Mr. Blevins noted the project listing prioritizes aviation needs and potential funding for upcoming projects. He reported the total for January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 8ofl4 all improvements if approved by Division of Aviation (DOA) and funds matched by the County of Harnett equals $18,217,200 and projected funding/projects, if available, would be spread out from FY2014 to FY2018. Mr. Blevins also noted on January 7, 2012, the Airport Committee approved and recommended the TIP as listed. Mr. Blevins also said this list gives DOA a potential list of projects to look for grants and confiiined all projects are funded by grant money. Commissioner Miller moved to approve the Harnett Regional Jetport Transportation Improvement Plan as presented. Commissioner Springle seconded the motion which passed unanimously. Steve Ward, Director of Public Utilities, requested approval of an increasing change order in the amount of $608,541.32 for Key Construction, Inc. This contract is associated with the South Central Wastewater Phase 1B2 project. The change order modifies negotiated quantities to match the current field conditions of the project. Mr. Ward said this was 1 of 4 projects in the area and noted commissioners had been briefed by staff attorney regarding the change order. He said approval of this change order would get the ball rolling with a $200,000 savings projected in the end. He also reported a projected savings of $480,000 with all four projects combined. Mr. Ward responded that he was satisfied and Temple can go to work on January 25th with Key out there now working on defective work. He said they have an extended warranty on that project. Vice Chairman House asked staff to make sure to follow up to get funds back if owed due to any defective plans. Mr. Ward said adequate depths may not have been picked up by the engineer when Public Utilities cut out a lot of quantities. Vice Chairman House moved to approve the change order as presented. Commissioner Miller seconded the motion which passed unanimously Mr. Jeffries presented for consideration a Resolution Precluding Firing Ranges or Pistol Pits as Agritourism Activities in Harnett County. Commissioners had previously discussed the resolution which had been revised. Commissioner Springle moved to approve the resolution as written. Vice Chairnian House seconded the motion. Commissioner Miller said he wants the Board to be real careful but he agrees there should be some kind of regulations of hours. It was clarified that adoption of this resolution would have no impact on existing facilities and anyone wishing to open a shooting range could apply for a conditional use pernuit. The motion passed 4 to 1 with Commissioner Hill opposing. (Attachment 4) Mr. Snow presented for consideration an Ordinance Establishing a Whistleblower Policy. Commissioners discussed this policy in detail during a previous work session and revisions were made. Mr. Snow, in discussions with Pitt County Attorney Janice Galliger, noted the policy is very much like what Pitt County has which has basically been very successful with the exception of needing to revised their internet portal to modified the internet site to properly direct people. He noted that Pitt County basically averages about 6 whistle blower claims a quarter which is manageable. Mr. Snow said he understands people can remain anonymous but we encourage people to identify who they are as it will helps with the investigation. Commissioner Miller worries the county legal staff will be inundated with claims. He also questioned what the county could do against persons who make fraudulent accusation in addition to them losing their jobs. Mr. Snow January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 9of14 said you always have that possibility but he doesn't believe this has been an issue for Pitt County. The policy also offers employees various options of who they can make reports to. Lastly, Mr. Snow pointed out that the policy ensures that Harnett County will not retaliate against a whistleblower. Vice Chairman House moved to approve the Ordinance Establishing a Whistleblower Policy. Commissioner Springle seconded the motion which passed unanimously. Chaiuuan Burgin infoliued the audience that board packages are now posted on -line for public access. Mr. Jeffries presented the following report: - Accounts Receivable Tax Report - December 2012 Planning Services Report Mr. Jeffries also reminded the group of the upcoming dinner and meeting of the Local Government Association at Ron's Barn at 6:30 pm on Monday, January 28, 2013. Chairman Burgin invited commissioners to participate in a discussion panel at 9:00 pm on Monday, January 29, 2013, at Campbell University to inform students of the goings on in their local politics. Chairman Burgin called for any new business. Commissioner Springle asked about the status of bank fees. Mrs. Blinson responded that the Finance Office was beginning the process to look at bank fees but typically those changes are made after the budget is in place. Vice Chairman House requested to discuss Country Walk at an upcoming work session. Chairman Burgin requested that an upcoming work session be rescheduled to 7:00 pm to allow the Chambers and the public an opportunity to address the Board. Commissioner Hill moved that the Board go in to closed session to consider and give instructions to the County's legal counsel concerning the handling of certain legal claims including but not limited to the following: 1) "South Central Water and Sewer District vs. Cassias" Harnett County File No. 12 CVS 170; and 2) 2) "County of Harnett vs. Randy D. Rogers and Gary A. House" Harnett County File No. 12 CVS 890; and 3) To discuss certain personnel matters (amendment to the original motion made following closed session, seconded by Commissioner House and passed unanimously) This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(3)& (6). Commissioner Springle seconded the motion which passed unanimously. Vice Chairman House moved that the Board come out of closed session. Commissioner Hill seconded the motion which passed unanimously. January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of14 Chairman Burgin moved to make the following closed session minutes and notes public: January 22, 2013, Memorandum to Interim County Manager Joseph Jeffries from Senior County Staff Attorney Jennifer Slusser regarding County vs. Rogers, Et. al. litigation Public Utilities' Budget Ordinance Amendment 180(i) in the amount of $95,000 to fund on -going legal and other expected professional service costs March 21, 2012, Memorandum to County Manager Scott Sauer from Senior County Staff Attorney Jennifer Slusser regarding Report on Investigation of the Harnett County Public Utilities Date May 2011 - March 6, 2012, Closed Session Minutes - January 31, 2012, Closed Session Minutes with Exhibit A and B Commissioner Springle seconded the motion which passed unanimously. Chairman Burgin moved to discuss publicly the instructions given to county attorney in closed session. The motion was seconded by Commissioner Springle and passed unanimously. Chairman Burgin said there are two big banker boxes of all of the attorney notes from all of this investigation including testimony from people, interviews and other infomiation that he believes should be made public. County and staff attorneys have been directed to review the information to make sure we are not violating any personnel issues or anything else prior to the information being made public. Chairman Burgin said a ton of information is being put on the website so the public can have access to information and asked the public to let them know if there are things they can't find or see so that they can try to get that info illation open too. Chaiiuian Burgin then read into record the following excerpts of the closed session minutes and notes previously made public: • March 6, 2012 Closed Session Minutes - A motion was made by Commissioner McNeill and a second by Commissioner Andrews that the County staff pursue civil claims against Randy Rogers and other parties in the areas of (a) the recovery of non- public record County Public Utility design documents and (b) the recovery of all damages which are the result of improper actions taken by Randy Rogers while employed by the Harnett County Public Utilities Department, and other parties, and further that outside counsel be retained to pursue these claims if necessary. Prior to the vote on this motion, Commissioner Burgin made a motion to amend through the modification of the primary motion to add that a demand letter for the recovery of the non - public record Public Utilities Department design documents be made to Mr. Rogers and that the matter come back to the Board of Commissioners prior to the filing of any civil litigation. This motion to amend was seconded by Commissioner House. Chairman McNeill called for a vote on the amendment to the motion made by Commissioner Burgin and it failed by a vote of three (McNeill, Andrews and Hill) to two (Burgin and House). January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of 14 At this point Chairman McNeill then called for a vote on the primary motion and it passed by a vote of three (McNeill, Andrews and Hill) to two (Burgin and House). • March 21, 2012. memorandum to County Manager Scott Sauer from Senior County Staff Attorney Jennifer Slusser regarding Report on Investigation of the Harnett County Public Utilities Date May — By way of update from the Board of Commissioners' Closed Session of March 20, 2012, please be advised that Mr. David Senter of Nexsen Pruet LLP has agreed to accept representation of Harnett County with regards to the recommendation to "vigorously pursue civil claims against Randy Rogers...that arise as a result of improper actions taken by him while employed by the HCDPU" and "consider if any other civil actions should be instituted against any other individuals" included on page 98 of the Report on Investigation of the Harnett County Department of Public Utilities Dated May 2011 by Poyner Spruill, 1LP. As we discussed, Mr. Senter will be sending demand letters to Randy Rogers and others seeking, among other things, the return of documents and other tangible items which may have been improperly taken from Harnett County. These demand letters should be sent this week. I will continue to keep you apprise as things develop in this matter. • January 31, 2012, Closed Session Minutes, including Exhibit A - Memorandum from County Manager Scott Sauer to the Board of Commissioners, and Exhibit B — Memorandum from County and Staff Attorneys requiring signatures authorizing the release of "the information" — Attorney Snow further reported that he had met with District Attorney Vernon Stewart who advised that he had received a letter from the North Carolina Attorney General's Staff at the N.C. Department of Justice regarding its review of the Harnett County Public Utilities investigation. In that letter, Special Deputy Attorney General Steven M. Arbogast reported that his office was requested by the County to review the Poyner Spruill public utilities investigation report for possible criminal charges and prosecutions. Mr. Arbogast state that he had carefully reviewed the Poyner Spruill report and that he, Special Deputy Attorney General James J. Coman and agents from the North Carolina State Bureau of Investigation (SBI) had met with Attorneys Cecil Harrison and David Woodard from the Poyner Spruill law firm concerning their investigation report and findings. The Harnett County Board of Commissioners had previously given permission to Attorneys Harrison and Woodard to engage in a candid conversation of their investigation with these individuals. Agent Arbogast further stated that Attorneys Harrison and Woodard subsequently provided his office with copies of the audio recordings which were the basis of the Poyner Spruill report. These recordings were provided to the SBI who reviewed the same for any possible criminal conduct. • As a result of this investigative work, it was the opinion and conclusion of Mr. Arbogast that the Poyner and Spruill investigation report does not support any viable criminal prosecutions. His letter went on to state "although the report contains suspicions and allegations of misconduct on the part of current and former supervisors and employees of the Harnett County Department of Public Utilities, it is almost exclusively based upon innuendo, opinion, speculation and hearsay on the part of other current and former employees of the Harnett County Department of Public January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 12 of 14 Utilities. There is virtually no hard physical evidence upon which to bring valid criminal charges against any individual within the Department of Public Utilities, let alone evidence which would predicate any successful prosecution." Mr. Arbogast went on to state that as far as the North Carolina Attorney General's Office is concerned that the Poyner Spruill report does not provide the basis for justification for any successful prosecution of a criminal offense by any current or former employee of the Harnett County Department of Public Utilities. Attorney Snow stated that it was District Attorney Stewart's intent to advise report Brian Haney of The Daily Record newspaper with the contents of this letter on Wednesday, February 1, 2012. • January 2013, Memorandum to Interim County Manager Joseph Jeffries from Senior County Staff Attorney Jennifer Slusser regarding County vs. Rogers, Et. al. litigation — THIS MEMORANDUM IS PROTECTED BY THE ATTORNEY CLIENT AND ATTORNEY WORK PRODUCT PRIVILEGES - You asked me who made the determination regarding the filing of the above - referenced lawsuit against Randy Rogers and Gary House. As I previously advised, the client (in this case, Harnett County) always makes these decisions. Nexsen Pruet, PLLC was retained to review the facts and circumstances relating to this matter and made recommendations as to proper parties and causes of action. That information was shared with the client, Harnett County, through its representative, County Manager Scott Sauer. Mr. Sauer accepted the recommendations of Nexsen Pruet and authorized that Nexsen Pruet move forward with the demand letters and subsequent litigation. I confirmed this directive with Mr. Sauer on at least three occasions and he advised that these actions were taken pursuant to the Board's directive, reflected in closed session minutes and that he shared information relating to this matter in memoranda to the Board of Commissioners. • Budget Ordinance Amendment that was approved to go back and move $95,000 from Bulk Water and Utilities to Professional Services • January 31, 2012, Closed Session Minutes, including Exhibit A - Memorandum from County Manager Scott Sauer to the Board of Commissioners, and Exhibit B — Memorandum from County and Staff Attorneys requiring signatures authorizing the release of "the information" — At this point the recommendation sheet from County Manager Scott Sauer attached to these minutes as Exhibit A which includes the G.S. § 153A- 98(c)(7) statutory exception language was reviewed by those Commissioners in favor of the motion. A written version of the primary motion which is attached hereto as Exhibit B was reviewed by those Commissioners in favor of the motion and executed by them. Chairman Burgin said in the original discussions there was never any mention of any litigation against Commissioner House or anyone else; Scott Sauer directed Nexsen Pruett to do that. Chairman Burgin said until he asked if there was an engagement letter with Nexsen Pruett he had never seen the memo. Chairman Burgin said Attorney Snow had never seen the memo nor had January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 13 of 14 the Clerk ever circulated a copy of the memo to the commissioners. Chairman Burgin said there were documents floating around with people making decisions that never came before the Board. He said we have spent a total of $219,000 of which we've budget $95,000 to spend so we are spending money without getting approval of the Board and taking out lawsuits without the approval of the Board. Regarding the USDA letter to Chairman Burgin dated December 27, 2012; which has not been officially received as of yet; Chairman Burgin said it was amazing to him that the first time he saw the letter was via e -mail from the Mr. Jeffries on Friday, January 18, 2012, but the letter had already been circulated among others. Other commissioners expressed concern that they didn't receive the letter until today. Mr. Jeffries said he shared the letter with commissioners as soon as he could. Chairman Burgin reiterated that he has instructed staff to share anything sent to him with everybody. Chairman Burgin's opinion that the motion to file the lawsuit against Gary House was made by the prior Chairirran and the prior County Manager therefore Chairman Burgin instructed Mr. Jeffries to instruct the attorneys to drop the lawsuit against Gary House and also instructed him to stop payment for any law bills associated with this and to notify everyone that this Board has not approved paying money for this. Chairman Burgin said if somebody wants to bring a motion to do a lawsuit, to pay legal bills, they are welcome to do it. Chairman Burgin said based on if they had the authority to do it, then we've got the authority to undo it. Chairman Burgin said he thinks there is a sacred trust between people that are elected and taxpayer money and he doesn't think the average citizen would be in favor of us wasting money, especially $219,000 that has basically done nothing but alienated people and destroyed trust. Commissioner Hill said people aren't concerned about the money, they are concerned about what's right, they are concerned about the truth! Chairman Burgin said stealing is criminal but when the Attorney General of the State of North Carolina investigates something and said that there is no criminal charges then to him they know a whole lot more about it than what we do. Commissioner Hill moved to adjourn the meeting at 9:33 pm. Vice Chairman House seconded the motion which passed unanimously. urgin, Cha'nan Marga nAP et Regina Wfleeler, Clerk January 22, 2013 Regular Meeting Minutes Harnett County Board of Commissioners Page 14 of 14 ATTACHMENT 1 ApprOved by the Harnett County Board of ComrnissiOflet" -13 wy,„,(20/, Board Report Date : 01122!2013 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Approved By : FI t. 0 C 1 - 1 GLOWER, WENDY MICHELLE 405 BAILEY RD COATS, NC, 27521 - 9617 2 CLOWER, WENDY MICHELLE GLOWER, RICHARD CECIL 405 BAILEY RD COATS, NC, 27521 - 9617 3 CLOWER, WENDY MICHELLE 405 BAILEY RD COATS, NC, 27521 - 9617 4 C'S VENDING SERVICE INC PO BOX 335 DUNN NC 28335 DUNN NC, 28335 5 ELLIS, JEANNE DICKENS 226 THOMAS DICKENS ROAD LILLINGTON NC, 27546 6 FRED AND LINDA LLC PO BOX 913 COATS NC, 27521 7 GAINES, DAVID LEVERNE PO BOX 220 CAMERON, NC, 28326 - 0220 8 HARE, LYNWOOD WALTER 980 PURFOY ROAD FUQUAY VARINA NC, 27526 - 0000 9 HARE, LYNWOOD WALTER 980 PURFOY ROAD FUQUAY VARINA NC, 27526 - 0000 10 HARE, LYNWOOD WALTER 980 PURFOY ROAD FUQUAY VARINA NC, 27526 - 0000 11 HARE, LYNWOOD WALTER 980 PURFOY ROAD FUQUAY VARINA NC, 27526 - 0000 12 JUST HARDWOOD 405 BAILEY RD COATS, NC, 27521 - 9617 13 PATTERSON, ROBERTA 4244 ASHE AVE DUNN NC, 28334 - 0000 14 SMITH, EDDIE D 603 S MCKAY AVE DUNN NC, 28334 - 0000 0001293837- 2012 -2012- 000001 0001311061- 2012 -2012- 000001 0001402878- 2012 -2012- 000001 0000008521- 2010 -2010- 000000 0000014747- 2012- 2012- 000000 0001861851- 2012 -2012- 110000 0001789515- 2011 -2011- 000000 City() County City() County City() 9.32 0.20 36.44 0.66 31.78 County 0.57 City(CI05) 95.45 County 180.05 City 0.00 County 105.74 City(CI03) County City County 0000022360- 2008- 2008- City 000000 1.11 1.52 0.00 6.16 0.00 County 90.00 0000022360- 2009- 2009- City 000001 0.00 County 90.00 0000022360- 2010 -2010- City 000000 0.00 County 45.00 0000022360- 2011 -2011- City 000000 0001156121- 2012 -2012- 000001 0000041684- 2012 -2012- 000000 0000048689- 2012- 2012- 000000 0.00 County 50.00 City() 45.80 County 0.85 City 0.00 County 167.07 City 0.00 County 70.00 9.52 Refund 37.10 Refund 32.35 Refund 275.50 Refund 105.74 Refund 2.63 Refund 6.16 Refund 90.00 Refund 90.00 Refund 45.00 Refund 50.00 Refund 46.65 Refund 167.07 Refund 70.00 Refund Situs Correction Situs Correction Situs Correction Software Error Value Decrease Clerical Error Value Decrease Mobile Homes no Longer on Property; Refund Solid Waste Fees Mobile Homes no Longer on Property; Refund Solid Waste Fees Mobile Home no Longer on Property; Refund Solid Waste Fees Mobile Home no Longer on Property; Refund Solid Waste Fees Situs Correction To remove Elderly Exemption status Home not liveable; to refund Solid Waste Fee 15 TURNER, TERRY L TURNER, PATTY R 1623 ASHE AVENUE DUNN NC, 28334 - 0000 16 TURNER, TERRY L TURNER, PATTY R 1623 ASHE AVENUE DUNN NC, 28334 - 0000 17 WALLACE, DUSTIN BRUCE 85 VIRGINIA LN CAMERON, NC, 28326 - 9220 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000005899- 2010 -2010- 000000 0000005899- 2011- 2011- 000000 0001897710- 2011- 2011- 000000 City County City County City County 0.00 45.00 0.00 50.00 0.00 68.75 45.00 Refund 50.00 Refund 68.75 Refund City Total 219.90 County 971.57 Total Total to be 1,191.47 Refunded Double- Billed Double- Billed Military Exemption P'proxfeci by the Harnett :,:so,,,rity Board of Commissioner A (2 13 itricuu Boar eiztort Date : 01/22/2013 1/61,a_A_ Approved By : RC JO(. 1 WHEELER, SHIRLEY B 13066 NC 42 City HOLLY SPRINGS NC, 27540 - 0000 0000058838- 2012- 2012- 000000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0.00 County 985.52 City Total County Total Total to be Refunded 985.52 Refund 0.00 985.52 985.52 Elderly Exemption ATTACHMENT 2 Harnett C O U N T Y RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Bridlewood Subdivision Hillbrook Drive (SR 1353 Ext.) Oakwater Drive Woodbrook Court Forestdale Drive Springview Drive Duly adopted this 22nd day of January, 2013. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS n �I ret Regina Wheeler Clerk to the Board strong roots • new growth www.harnett.org ATTACHMENT 3 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, William L Bell, began his Harnett County Law Enforcement career on July 19, 1999; and WHEREAS, after thirteen years of distinguished service to Harnett County, William L Bell did retire; and WHEREAS, North Carolina General Statute 20- 187.2(a) provides that the governing body of law enforcement agency may in its discretion, award to a retiring member upon his /her request for their service side arm; and WHEREAS, according to North Carolina General Statute 14 -402 and 14- 409.1, proper permits have been obtained (as attached) in order to receive the side arm. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that William L Bell be awarded the following service side arm for one dollar ($1.00). Glock Model 22 Serial Number CPT627. pAritt Duly adopted this ot,, day of ,Tcki„„a cti r lr , 20 /3 . AT EST: /7 �c,{ylc� P �, 1-<j Clerk the Board HARNETT COUNTY BOARD OF COMMISSIONERS Chairman ATTACHMENT 4 Harnett C O U N T Y Resolution Precluding Firing Ranges or Pistol Pits as Agritourism Activities in Harnett County, North Carolina www.harnett.org WHEREAS, County of Harnett ( "Harnett County ") is one of the fastest growing counties in the state of North Carolina with a population of approximately 119,000 people; and WHEREAS, Harnett County has a rich heritage as a rural faulting and agricultural community and the Harnett County Board of Commissioners recognizes and supports the significant contributions farmers make to the growth and development of Harnett County; and WHEREAS, the Harnett County Board of Commissioners recognizes and supports agritourism, as that term is defined in North Carolina General Statutes and the Harnett County Unified Development Ordinance, as a good source of supplemental farm income; and WHEREAS, defining what activities may be considered agritourism is a difficult task and one in which a number of factors must be considered; and WHEREAS, the decision to deteniine whether an operation does or does not meet the statutory definition of agritourism rests with each individual county; and WHEREAS, significant controversy has arisen in Harnett County as to whether a firing range or pistol pit operated on a working farm is properly considered an agritourism activity; and WHEREAS, up to this point, the Harnett County Board of Commissioners has made no determination as to whether a firing range or pistol pit operated on a working farm is properly considered an agritourism activity; and WHEREAS, this controversy needs to be resolved for the benefit of all; and WHEREAS, after having considered all the facts and circumstances surrounding the operation of a firing range or pistol pit on a working farm, the Harnett County Board of Commissioners finds that the operation of a firing range or pistol pit on a working farm is not a rural activity incident to the operation of a farm, and therefore, is not an agritourism activity and such activities should be regulated through the Harnett County Unified Development Ordinance and other applicable rules and regulations, and precluded as an agritourism activity in Harnett County; 1 strong roots • new growth NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, based on the foregoing, that the operation of a firing range or pistol pit on a working farm is not a rural activity incident to the operation of a farm, and therefore is not an agritourism activity and such activities should be regulated through the Harnett County Unified Development Ordinance and other applicable rules and regulations, and precluded as an agritourism activity in Harnett County. Attest: Marga et Regina www.harnett.org This the ` day of January, 2013. tuqjv, eeler, Clerk A. Burgin, C an 2