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.
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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
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Notary Public
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Page 5 of 6