012213mHARNETT 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