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HomeMy WebLinkAbout063020ssmHARNETT COUNTY BOARD OF COMMISSIONERS Special Session Minutes June 30, 2020 The Harnett County Board of Commissioners met in special session on Tuesday, June 30, 2020, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Due to COVID-19 this meeting was not open to members of the public to attend in person however citizens and staff were provided options to listen to the meeting live. Only County staff necessary to conduct the meeting or to speak on scheduled agenda items were in attendance and stationed in the meeting chambers to maintain the recommended social distancing of 6 feet as the Board demonstrated compliance with State law. Members present: Member absent: Staff present: Howard Penny, Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Gordon Springle, Commissioner Joe Miller, Vice Chairman Brian Haney, Assistant County Manager Coley Price, Assistant 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 and led the Pledge of Allegiance and invocation. The following agenda was before the Board: ➢ Consider approval of the Corrected FY2020-2021 Budget Ordinance and Budget** > Consider approval of an "Interlocal Agreement for a Group Self -Insurance Fund for Risk Sharing or Group Purchase of Coverage" between the County of Harnett and the North Carolina Association of County Commissioners Risk Management Agency, along with the "Resolution to Adopt the Interlocal Agreement and to Join the NCACC Risk Management Pool" for Liability and Property insurance.** > Bus Patrol Software Presentation > Update on the Government Complex Park Name ➢ Discuss Exemptions, Exclusions and Late Listing, and Penalties - Tax Department ➢ Consider approval to accept Emergency Watershed Protection funding in the amounts of $3,202,970 in Federal Assistance (USDA, NRCS) and $1,067,057 (NCDA, S&W) to clear storm debris from the Upper Little River, Lower Little River, and Anderson Creek. Project costs are reimbursable up to 75% from Federal funding and 25% from State funding upon submission of approved proof of expenditures.** June 30, 2020 Special Session Minutes Harnett County Board of Commissioners Page 1 of 5 • Assistant County Manager's Report: COVED -19 Update and discuss reopening County buildings July 6, 2020 Regular Meeting Agenda Review and meeting Logistics Review applications to serve on Boards and Committees - Invitations and upcoming meetings ➢ Closed session D. Adjourn Mr. Haney presented the corrected FY2020-2021 Budget Ordinance and Budget for consideration. He explained that the Harnett Regional Water Debt Service Fund, the Workers Compensation Internal Service Fund and the Workforce Development Special Revenue Fund were included in the budget however due to a software error they were not listed in the previous document. He also noted corrections had been made to include positions in the grade tables that were previously excluded. Commissioner Springle moved to approve the corrected FY2020- 2021 Budget Ordinance and Budget as presented. Commissioner Johnson seconded the motion, which passed 4 — 0. Commissioner Johnson moved to approve the Resolution to Adopt the Interlocal Agreement for a Group Self -Insurance Fund for Risk Sharing or Group Purchase of Coverage between the County of Harnett and the North Carolina Association of County Commissioners and to Join the NCACC Risk Management Pool. Commissioner McKoy seconded the motion that passed 4 — 0. (Attachment 1) Director of Harnett County Parks and Recreation Carl Davis provided an update on the government complex park and shared the process that resulted in the recommendation of the new park name. Commissioner Springle moved to accept the recommended name of "Cape Fear Shiner County Park". Commissioner Johnson seconded the motion, which passed 4 — 0. Harnett County Natural Resources Director/Conservation Education Coordinator Lynn Lambert presented Harnett County Soil and Water's request, in cooperation with Emergency Management, for approval to accept Emergency Watershed Protection funding in the amounts of $3,202,970 in Federal Assistance (USDA, NRCS) and $1,067,057 (NCDA, S&W) to clear storm debris from the Upper Little River, Lower Little River, and Anderson Creek. Mrs. Lambert said the County will have to spend the money first as project costs are reimbursable up to 75% from Federal funding and 25% from State funding upon submission of approved proof of expenditures. She said staff will have the contractor bill monthly so they can issue requests for payment monthly and not wait until project completion. The project is anticipated to take a year to complete. Mrs. Honeycutt responded that the County has sufficient reserves to pay these invoices until reimbursed. Staff noted that this is the first opportunity that the County has ever had for something like this; a unique opportunity to gain federal and state assistance in debris removal through the Emergency Watershed Program. Mrs. Lambert said clearing out some of the debris would give the flood waters the opportunity to flow freely through which will save properties and lives. Harnett June 30, 2020 Special Session Minutes Harnett County Board of Commissioners Page 2 of 5 County Emergency Services Director Larry Smith was also present. Discussions continued and staff responded to questions. Commissioner McKoy moved to approve Harnett County Soil and Water's request for approval to accept Emergency Watershed Protection funding in the amounts of $3,202,970 in Federal Assistance (USDA, NRCS) and $1,067,057 (NCDA, S&W) to clear storm debris from the Upper Little River, Lower Little River, and Anderson Creek. Commissioner Johnson seconded the motion, which passed 4 — 0. Jean Souliere, BusPatrol CEO, presented BusPatrol software and proposed installing BusPatrol equipment on 250 Harnett County school buses at no expense to the county or schools; saying the program is funded by violators. He said the County would need to pass a local ordinance to allow this. Mr. Souliere reviewed the process used by BusPatrol to cite individuals for illegally passing school buses, which he said could net the County $200,000 a month. Harnett County Senior Staff Attorney Christopher Appel offered some clarifying points and shared concerns. Mr. Souliere responded to questions from commissioners. He noted BusPatrol gets paid 60% of the revenues and the County could cancel the five-year contract at any time without penalty. Tax Administrator Bill Tyson sought direction regarding exemptions, exclusions, late listing penalties as affected by the pandemic. First, Mr. Tyson said June 1 is the statutory deadline for receiving applications for tax relief for taxpayers who qualify for elderly, disabled, and disabled veterans exclusions. He requested approval to extend the deadline to August 1 this year. Mr Tyson said this would allow any taxpayer who would have otherwise qualified for tax relief, and submits the paperwork by August 1, to be approved and the 2020 tax bill adjusted. He noted tax bills become due September 1. Commissioner Springle moved to authorize the Tax Department to extend the application deadline for tax relief for taxpayers who qualify for elderly, disabled, and disabled veterans exclusions to August 1, 2020. Commissioner Johnson seconded the motion that passed 4 — 0. Second, Mr. Tyson said the Tax Department has not been doing a good job of auditing exemptions however they have now done a review of a the recommended number of taxpayers, out of approximately 4,800, receiving tax relief through the exclusions previously discussed. He said staff has identified a number of deceased taxpayers whose exemptions have expired, some going back a number of years. Mr. Tyson noted that NC GS 105-312 provides a way to recover taxes for inappropriately applied exclusions, including penalties associated with discovery, with a five-year limitation for looking back. He also noted the Board can waive the penalties if desired. Staff sought direction from the Board on whether they prefer that the Tax Department do discovery and try to collect these amounts including penalties, waive the penalties and collect taxes only, or just correct things going forward. Staff said taxpayers should let them know when these exemptions no longer apply. Commissioner Springle moved to follow procedures and correct issues going forward, as opposed to backwards, and to not try to collect past revenues. Discussions continued and Commissioner Springle withdrew his motion. Staff will provide additional information for discussion during the upcoming July 14th work session. June 30, 2020 Special Session Minutes Harnett County Board of Commissioners Page 3 of 5 Last, Mr. Tyson said the listing period for Business Personal Property ended January 31, 2020. If filed before the end of the regular listing period, a filing Extension can be granted until April 15th. He noted the County had more than 500 businesses to file for extensions by January 31 however at least 200 of those businesses did not meet the April 15, 2020 listing date which means that there will be late listing penalties (10%) added to those tax bills which taxpayers can then appeal. Believing that most of these 200 or so businesses, or their accountants, will try to say that the pandemic caused them to actually list later than the extension date, the Tax Department asked the Board to consider allowing them to accept listings through the end of fiscal year (June 30) as though they were on time; and not assess late list penalties. Mr. Tyson said any taxpayers filing later than that would be subject to late listing penalties. Commissioner Johnson moved to extend the listing period for Business Personal Property through June 30, 2020 without late list penalties. Commissioner Springle seconded the motion that passed 4 — 0. Chairman Penny asked about impact on DMV receipts. Staff will provide commissioners with information about how the five month DMV extension has affected collections for that period. Harnett County Health Director John Rouse and Harnett County Emergency Services Director Larry Smith provided and update on COVID-19 in Harnett County. Mr. Smith talked about a mass distribution of facemasks to citizens throughout the County. Mr. Haney reviewed the County departments and facilities already open to the public with precautions and safeguards are in place. Mr. Price, noting the Planning Board would be meeting virtually soon, sought direction from the Board on the upcoming Board of Adjustment meeting that needs to meet in person. It was the consensus of the Board to allow the Board of Adjustment to meet in person the Commons area. Commissioners will discuss the process for upcoming rezoning public hearings during their July 6, 2020 regular meeting. Mr. Haney responded to questions about the Coronavirus Relief Fund allocation. Commissioners requested regular updates regarding how the monies are distributed. Mr. Haney noted that municipalities are required to develop their own plans for the funds. Mr. Appel presented for consideration a proposed Face Covering Emergency Proclamation if commissioners wish to extend the certain face covering requirements of Executive Order No. 147 to all Harnett County buildings and facilities. He stated that local government buildings are exempt from the Governor's Executive Order regarding face coverings requirements and the county manager is not authorized to require the public to wear face masks in county buildings. Chairman Penny read the proclamation aloud. Mr. Appel said it would be up to staff to ask folks to put on face mask or leave the building. He stressed that staff will try to serve the citizen regardless however citizens could be trespassed if individual becomes very disruptive. Commissioners discussed the proposed Face Covering Emergency Proclamation presented by staff and approved the proclamation by consensus. June 30, 2020 Special Session Minutes Harnett County Board of Commissioners Page 4 of 5 Mr. Haney and Mr. Price reviewed the proposed July 6, 2020 regular meeting agenda. Commissioners review applications to serve on Boards and Committees. Staff also reviewed invitations and upcoming meetings. There was no need for closed session. Commissioner Johnson moved to adjourn the meeting at 11:16 am. Commissioner McKoy seconded the motion that passed 4 — 0. d Penny, Jr , airman t Regina Wer, Clerk June 30, 2020 Special Session Minutes Harnett County Board of Commissioners Page 5 of 5 ATTACHMENT 1 RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT AND TO JOIN THE NCACC RISK MANAGEMENT POOL WHEREAS, _County of Harnett (County or local government agency) desires to pool the retention of their risks, liabilities and/or payments, or for the group purchase of coverage, and has completed a Pre -Audit Certification in compliance with N.C.G.S. § 159-28; and WHEREAS, the North Carolina Counties Risk Management Agency d.b.a. NCACC Risk Management Pools (hereafter called the "Risk Pool"), has been established pursuant to G.S. §153A- 445 (a)(1) and G.S. §160-A-460 through §160A-464; and WHEREAS, it is desirable for County of Harnett (County or local government agency) to join the Risk Pool to obtain the opportunity for risk sharing and/or group purchase of coverage; NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners or Governing Board of _County of Harnett (County or local government agency) hereby adopts the foregoing Interlocal Agreement and hereby joins and agrees to participate in the Risk Pool as indicated: ❑ North Carolina Counties Liability and Property Joint Risk Management Agency d.b.a. NCACC Liability and Property Pool ❑ North Carolina Workers' Compensation Joint Risk Management Agency d.b.a. NCACC Workers' Compensation Pool BE IT FURTHER RESOLVED that goLOurd Pe_ h,ny (authorized county or entity official) is duly authorized to execute the application to join the Risk Pool and hereby executes the Agreement on behalf of _County of Harnett (County or local government agency). Witnessed wherefore, this the Attes day of 34 L P , 20a0 NORTH CAROLINA COUNTY Personal y a,I�pearing before me this Du day of A1 , 20)4ta,,,):),(V-P Y11(1 c. , who, being first duly sworn, acknowledged the execution of the foregoing Agree?nent for the purposes and considerations therein and herein expressed. My Commission expires: \\�� OSEY B. �G,�,,� OYf ls/ a1a- v Notary P ubiic ip Harnett = Interlocal Agreement Revised October 2018 County My omm E 0 Notary Public u412 - Page 5 of 6