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HARNETT COUNTY BOARD OF COMMISSIONERS

Minutes of Regular Meeting

September 4, 2012

The Harnett County Board of Commissioners met in regular session on Tuesday, September 4, 2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina.

Members present: Timothy B. McNeill, Chairman

Beatrice B. Hill, Vice Chairman

Dan B. Andrews, Commissioner

Gary House, Commissioner

Jim Burgin, Commissioner

Staff present: Scott Sauer, County Manager

Tony Wilder, Deputy County Manager

Dwight Snow, Staff Attorney

Sylvia Blinson, Finance Officer

Margaret Regina Wheeler, Clerk to the Board

Chairman McNeill called the meeting to order at 9:00 am. Vice Chairman Hill led the pledge of allegiance and invocation.

Chairman McNeill called for additions and deletions to the published agenda. Chairman McNeill requested the addition of the Planning Department’s request for approval to renew an agreement with CityScape Consultants, Inc. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously.

Vice Chairman Hill moved to approve the items on the revised consent agenda. Commissioner Burgin seconded the motion and the Board unanimously approved the following items on the consent agenda:

1. Minutes: August 20, 2012 Regular Meeting

2. Budget Amendments:

54 Cooperative Extension – R & R Smart Start

Code 110-7323-465.60-33 Materials & Supplies 225 increase

110-7323-465.58-14 Travel 250 increase

110-7323-465.41-11 Telecommunications & Postage 150 increase

110-7323-465.23-00 Retirement 835 increase

110-7323-465.22-00 FICA 840 increase

110-7323-465.21-05 Employee Clinic 92 increase

110-7323-465.21-04 HSA 583 increase

54 Cooperative Extension – R & R Smart Start - continued

110-7323-465.21-00 Group Insurance 1,522 increase

110-7323-465.11-00 Salary 12,377 increase

110-0000-334.73-23 CCR&R Smart Start 16,874 increase

556 Cooperative Extension

Code 110-7300-465.74-74 Capital Outlay 4-H 7,500 increase

110-0000-353.73-23 4-H Building Project (Farm Bureau) 7,500 increase

566 Health Department – Aging

Code 110-7600-441.32-26 Incentives 625 increase

110-7600-441.60-33 Materials & Supplies 625 increase

110-7600-441.60-47 Food & Provisions 625 increase

110-7600-441.64-25 Books & Publications 625 increase

110-0000-353.76-05 Healthy Living Community Funding 2,500 increase

576 Transportation Department

Code 110-4650-410.12-00 General/Salaries & Wages Part Time 25,875 decrease

110-4650-410.22-00 General/FICA Tax Expense 2,295 decrease

110-4650-410.23-00 General/Regular Retirement 1,470 decrease

110-4650-410.26-08 Operating/Worker’s Compensation 360 decrease

110-4650-410.60-31 Operating/Gas, Oil, & Auto Supplies 5,010 decrease

110-0000-334.55-02 Transportation/EDTAP TransportationPlan 25,516 decrease

110-0000-334.55-05 Transportation/RGP Transportation 9,494 decrease

586 Health Department - Aging

Code 110-7510-441.32-10 Recognition 203 decrease

110-7510-441.58-14 Travel-Employee 200 decrease

110-0000-331.77-04 National Senior Service Corp 403 decrease

596 Public Utilities Department – PU0703 East Central Improvements Project

Code 567-9100-431.45-80 Contingency 13,025 decrease

567-9100-431.45-33 Materials & Supplies 13,025 increase

606 Health Department - Aging

Code 110-7600-441.11-00 Salaries & Wages 5,200 increase

110-7600-441.21-00 Group Insurance 630 increase

110-7600-441.21-04 H S A 325 increase

110-7600-441.25-05 Clinic 75 increase

110-7600-441.22-00 FICA 400 increase

110-7600-441.23-00 Retirement 350 increase

110-7600-441.26-08 Worker’s Comp 20 increase

110-7600-441.33-45 Contracted Services 4,500 decrease

110-7600-441.58-18 Travel-Volunteer/Contract 2,500 decrease

616 Health Department - Aging

Code 110-7600-441.54-26 Advertising 200 decrease

110-7600-441.58-14 Travel-Employee 250 decrease

110-7600-441.64-25 Books & Publications 233 decrease

110-0000-331.76-05 Health Promotion 6,889 decrease

110-0000-334.76-23 Healthy Communities 6,206 increase

636 Tax Department

Code 110-4500-410.33-45 Contracted Services 928 increase

110-0000-311.10-00 Ad Valorem Taxes 928 increase

646 IT Department

Code 110-4900-410.43-16 Maintenance & Repair-Equipment 2,500 decrease

110-4900-410.12-00 Salaries & Wages – Part-time 2,500 increase

666 Transportation Department

Code 110-4650-410.12-00 General/salaries & Wages Part-time 10,402 increase

110-4650-410.22-00 General/FICA Tax Expense 984 increase

110-4650-410.23-00 General/Regular Retirement 562 increase

110-4650-410.26-08 Operating/Worker’s Compensation 141 increase

110-4650-410.60-31 Operating/Gas, Oil, & Auto Supplies 1,968 increase

110-0000-331.46-01 Mid-Carolina-Medical General Transp. 9,000 increase

110-0000-334.55-04 Mid-Carolina Med Transportation 5,057 increase

676 Health Department- Aging

Code 110-7600-441.32-26 Incentives 700 increase

110-7600-441.58-01 Training 100 increase

110-7600-441.58-14 Travel 225 increase

110-7600-441.64-25 Books & Publication 500 increase

110-0000-334.76-16 Diabetes 1,525 increase

686 Health Department - Aging

Code 110-7600-441.33-45 Contracted Services 16,848 increase

110-7600-441.60-33 Materials & Supplies 432 increase

110-0000-331.76-01 WIC Program (Client Services) 17,280 increase

70 IT Department

Code 110-0000-322.49-04 MIS Fees/Lillington 1,500 increase

110-0000-399.00-00 Fund Balance Appropriated 1,500 decrease

71 Sheriff’s Department – Asset Forfeiture

Code 251-5100-420.90-10 Interfund Transfer – General Fund 9,113 increase

251-0000-336.16-00 Asset Forfeiture (Equitable Share) 9,113 increase

72 Sheriff’s Department

Code 110-5100-420.32-27 Drug Fund 9,113 increase

110-0000-389.43-22 Interfund Transfer – Asset Forfeiture 9,113 increase

74 Cooperative Extension – Parents As Teachers

Code 110-7310-465.11-00 Salaries & Wages 87,276 increase

110-7310-465.21-00 Group Insurance 2,271 decrease

110-7310-465.21-04 Group Insurance H.S.A. 320 decrease

110-7310-465.21-05 Group Insurance Employee Clinic 750 increase

110-7310-465.22-00 FICA Tax Expense 6,800 increase

110-7310-465.23-00 Regular Retirement 6,330 increase

110-7310-465.26-08 Worker’s Compensation 2,219 increase

110-7310-465.41-11 Telecommunications & Postage 1,260 increase

110-7310-465.44-21 Building & Equipment Rent 660 decrease

110-7310-465.58-01 Training & Meetings 200 increase

110-7310-465.58-14 Travel Administration 6,385 increase

110-7310-465.60-33 Materials & Supplies 2,040 decrease

110-7310-465.60-47 Food & Provisions 150 increase

110-7310-465.60-53 Dues & Subscriptions 187 increase

110-0000-334.73-10 Parents as Teachers 106,266 increase

75 Finance

Code 902-9802-410.21-04 Health Savings Account 454,035 increase

902-9802-410.21-05 Employee Clinic 88,463 increase

902-9802-410.30-29 Consulting Fees 40,000 increase

902-000-353.98-04 Health Savings Account 454,035 increase

902-000-353.98-05 Employee Clinic 128,463 increase

76 Sheriff’s Department

Code 110-5100-420.32-27 Drug Program 621 decrease

110-5100-420.74-74 Capital Outlay 621 increase

3. Tax refunds, rebates and releases (Attachment 1)

4. Emergency Services, on behalf of Benhaven Emergency Services, requested an increase in Benhaven’s approved 2012-2013 budget in Capital Outlay. The amount they originally requested to purchase a Rescue Pumper was too low and they are requesting to increase the amount by $145,000 which would allow up to $595,000 for the purchase. This pump tanker will be a multi-functional apparatus that will be a Class “A” Pumper, rescue truck and an air/support/light vehicle. This vehicle should also reduce insurance and maintenance costs.

5. Staff Attorney requested approval of a Memorandum of Understanding to transfer property to the City of Dunn for park improvements to Tyler Park. The City of Dunn has undertaken a project with a value exceeding $2 Million to renovate and expand Tyler Park with various amenities, including, but not limited to new baseball fields, tennis courts, playground and splash pad areas and a veteran’s memorial garden and it has been determined that a portion of the Property (as shown in Book 339, Page 253 of the Harnett County Registry and located in the City of Dunn) is needed and necessary for such renovation and expansion. The County’s use of the Property is limited to once a week operations of the WIC Program through the Department of Health and otherwise does not have any current use or prospective future use of the Property other than this program. This transaction is permissible pursuant to NC G.S. §153A-176 and §160A-274 and City of Dunn is seeking for Harnett County to convey title for this Property to the City, without consideration, but subject to this Memorandum of Understanding which will allow Harnett County to have space on the property or provide suitable replacement facilities to continue its WIC program.

6. Public Utilities requested approval of the write-offs for the second quarter in the amount of $19,581.98. The facilitation of these write-offs is an important step in a continuing effort to effectively manage collections and bad debt. HCDPU uses the Local Government Debt Setoff Program and On-Line Collections, Inc. to help collect delinquent accounts.

7. Resolution celebrating Craven County’s 300th Anniversary (Attachment 2 )

8. Planning Department requested approval to renew a contract for five additional years with CityScape Consultants, Inc., who provides a professional service agreement for technical review and evaluation of cellular tower applications within the county’s planning jurisdiction.

Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke.

Mrs. Victoria Whitt, Chief Executive Officer of Sandhills Center, presented for consideration a Joint Resolution to Approve the Formation of a Nine County Area Authority to Operate as Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services in Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, and Richmond Counties. Mrs. Whitt also distributed a list of benefits of a merger of Guilford Center into Sandhills Center.

Mrs. Whitt reminded the group the money contributed to the Sandhills Center by the County stays in county however Medicaid funding in the system is available throughout all nine counties. Mrs. Whitt reported this merger would give Sandhills Center a larger Medicaid base as it is funded per member per month. She responded the Sandhills Board is currently allowed 30 members of which Guildford County would hold the four vacant slots as well as two slots voluntarily surrendered by Randolph County. A pending senate bill may soon require the Board to reduce its size to 21 members. Mrs. Whitt noted the merger would make Sandhills Center the third largest Local Management Entities (LME) in the state.

Commissioner Burgin moved to approve the Joint Resolution to Approve the Formation of a Nine County Area Authority to Operate as Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services in Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, and Richmond Counties. Commissioner House seconded the motion which passed unanimously. (Attachment 3)

Commissioner Burgin also thanked Mrs. Whitt and the Sandhills Center Board for working with the Good Hope Mental Health facility regarding funding.

Mr. Sauer gave an overview of the process to-date regarding the proposed Highland Middle School. Mr. Sauer petitioned the Board for a public hearing regarding a Proposed Installment Financing Contract for Highland Middle School; and consider approval of Proposed Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Negotiation of an Installment Financing Contract and Provided for Certain Other Related Matters.

Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public.

- Victoria Hall, 426 Green Spring Drive and President of Highland Elementary School’s PTO, spoke in support of building a new middle school and presented over 500 signatures taken on petitions that read “We, as parents of Highland Elementary School students, understand that our schools are critically overcrowded and very respectfully demand that the Harnett County Commissioners put the needs of our children above all else and build Highland Middle School as soon as possible! Our children deserve the best we can offer!!”

- The following citizens spoke about current conditions at our schools; and/or spoke against redistricting and bussing students to other schools within the County; and/or spoke in support of building a new middle school as well as using QSCB money with little or no interest:

▪ Jim Kreeger, 52 Clearfield Drive in Angier

▪ Daniel Glover, candidate for County Commissioner for District 3

▪ Lisa Fenzel of Carolina Lakes

▪ Anne Flairity of Carolina Lakes in a letter read by Mrs. Fenzel

▪ Rosemary Buerger of 76 Anson Lane

▪ Joe Langley, 298 Kirk Adams Road in Angier and a candidate for the House of Representatives for District 3

▪ Tammy Pope of 61 Bluebird Court

▪ Jennifer Moran of 67 Maple Wood Drive

▪ Jessica Becherini of 51 Wolfpack Lane within Linden Oaks

▪ Kala Fortin of 18 Boulder Drive

▪ Kerri Burrell of 494 Crown Pointe

▪ Kim Casey of 225 Skycroft Road

▪ Jackie Kinnear of 444 Crown Point

▪ Patricia Weeks of 51 Dover Court West

▪ Jimmy McCormick of McCormick Road

▪ Roberto Arellano of 143 Pinewood Road

▪ Angela Stewart of Parkton Court West

▪ Vince Schimmoller of 758 Carolina Way in Carolina Lakes

▪ Sonya Holmes of 305 Page Road

▪ Joe Miller of 136 Vick Keith Road and a candidate for county commissioner for District 5 also spoke in support of a retail tax increase

▪ Ralph Darch of 345 Will Lucas Road also questioned misinformation available to the public on the Board of Education website

▪ Gordon Springle of 540 Tippet Road in Angier and a candidate for county commissioner for District 3 also spoke against raising taxes to fund new school

▪ Amy Perry, a parent advocate for the Autism Society of NC, and said she believes the overcrowding hurts special education more than most

Vivian Bennett, Vice Chairman of the Harnett County Board of Education assured the group the Board of Education continues to do everything they can for the children. She invited commissioners to visit schools while in session in the western part of the county.

Billy Tart, Chairman of the Harnett County Board of Education, said he is not pleased with the current situation. He noted the immediate need for five new schools in Harnett County. Mr. Tart thanked the Board of Commissioners for what they have done but said “if we believe our children are our most valuable resource then we need to spend the money.”

Mrs. Fenzel also questioned if any coordination was taking place between local public representatives and Fort Bragg representatives and if the county understood the demographics. She said there is a wealth of information in various different matters to be shared from the Department of Defense where she believes there should be greater partnership. Mrs. Fenzel noted the intent of an education board on post to build a charter school. Mrs. Fenzel said the medium income of the military families coming in to the community is $80,000. She asked commissioners to work with and educate the military families so they can help find a solution. Mrs. Fenzel asked about the possibility of private investments saying she believes there is money in the county and said they really need to be more creative. Chairman McNeill clarified that Harnett County receives less than $150 from the federal government per child and assured the group that Harnett County representatives have worked hard to develop relationships and partnerships with all parties involve; find creative solutions, researched the impact aid formula; and considered many other options.

Seeing no one else move, Chairman McNeill closed the public hearing.

Commissioner House said board members believe there needs to be a new school out there. He mentioned a constituent of his who recently removed his son from Overhills School due to issues there that he would discuss with the Superintendent later. Commissioner House said he called the Local Government Commissioner (LGC) regarding the proposed resolution and concluded some things in the resolution were good but he believed some things needed to be changed. He said he was told that this resolution was not a required document yet a document suggested by our bond counsel. Commissioner House said he did not think the resolution should state that taxes will be raised if the county can find another way to make those payments. He said he was for this new school and has been since the beginning but said it would take a $0.30 tax increase to build the five new schools needed and the Department of Defense has got to help. He supports a group of commissioners, Board of Education, and citizens working together try to get help from the federal government.

Commissioner Burgin requested the help of the military families. He said the county was promised over $70 Million for schools that they never received. He stressed the Board of Commissioners understands the need for new schools but he believes they need a different ways to do it. Commissioner Burgin said he supports a sales tax increase if property taxes could be lowered. He said the reevaluation a few years prior resulted in a 20% to 25% tax increase for citizens and now with the proposed 7 percent that would result in property taxes increase of 32% over a couple of years. Commissioner Burgin said unemployment is over 11% and the county has spent about $15 Million in Economic Development and he believes there is a smarter way to spend money. He said this Board of Commissioners has promoted five tax increases over the last four years.

Commissioner Burgin said he wanted to vote for this school but had issue with the wording of the resolution. Commissioner Burgin asked citizens how many of them would be willing to support a special tax district for schools in western Harnett which

Chairman McNeill responded he was against. Chairman McNeill said we are one county of 122,000 citizens and every citizen should expect and demand the same consideration for the same services regardless of where they live.

Chairman McNeill clarified that $.055 cents of the proposed 7 percent increase is for existing debt with only $.013 cents of the proposed increase for the proposed new school which he felt the sales tax increase, if passed, would cover the yearly payments for the proposed middle school. He said the resolution was crafted by our bond counsel so it would pass the LGC. He said he feared if they altered the resolution they could jeopardize potential funding. Chairman McNeill said he believes the resolution should be approved as written as it does not bind the Board if they come up with a different funding method.

Commissioner Burgin asked the County Attorney Snow if commissioners could vote on the school and the resolution as two separate items. Commissioner Burgin requested that they strike Section 3 from the resolution and asked if that edit would materially change the resolution. Mr. Snow responded that Michael Juby, bond counsel, had put the resolution together along with representatives from Davenport in reference to their meeting with the LGC. Mr. Ted Cole with Davenport responded that the particular language in the resolution was drafted primarily at the LGC’s request to be very specific about the plan of finance as it is understand today. Mr. Cole said there is an element of an equivalent tax rate adjustment that would be needed in FY 2014 associated with debt on the books today and a different number associated with the proposed financing. Mr. Cole said they had spent a lot of time with the LGC and shared with them all the planning that has been done. The first section of the resolution is an estimate of what is required to bring a balanced budget in Fiscal 2014 which is approximately $.055. and if the financing goes through it addresses the existing debt on the books today but also addresses the potential new debt but says so in an approximate way. Mr. Cole said the LGC requested language in the resolution that states “The County Manager is hereby directed to include in his proposed budget for the fiscal year ending June 30, 2014, an increase in the County’s real property tax rate in the amount of $0.055 per $100.00 of assessed valuation, or such other amount acceptable to the LGC as the County Manager and Finance Office determine to be necessary to meet the County’s existing debt service obligations and to pay sums estimated to fall due under the Contract”. Mr. Cole said if you found and demonstrated a way to achieve the funding in another sustainable way you would not be required to include tax increase.

Commissioner Burgin stated the county had corrected its fund balance from 8.8 percent to 15 percent within one year instead of 5 years as anticipated. Commissioner Burgin asked Mr. Snow; is his legal opinion, did this resolution materially handcuff this Board in any way. Mr. Snow responded that the resolution does not bind the Board. He noted the directive to the County Manager and Finance Officer to include the increase in the proposed budget does not mandate commissioners to approve it. Mr. Snow said in detailed discussion with Mr. Juby, it was confirmed that this does not bind the Board but it does let the LGC know that the Board is serious about being able to back up these programs with some financing and any alternatives of what that financing is.

Commissioner Burgin moved to accept the Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Negotiation of an Installment Financing Contract and Provided for Certain Other Related Matters. Commissioner Andrews seconded the motion. Commissioner House told Mrs. Fenzel he believed she would be a very good person organize a committee to go to DoD, our state legislators and our congressman. The motion passed unanimously. (Attachment 4)

Commissioner Andrews moved to approve the Harnett County Board of Education’s request to add the ¼ cent county wide sales tax referendum to the ballot in the upcoming November elections. The motion was seconded by Vice Chairman Hill.

Commissioner Burgin moved to amend the motion to support the ¼ cent sales tax but drop the property tax ½ cent and delay the revaluation for 4 years or the complete 8 years allowed. Mr. Snow clarified that commissioners were only being asked to ask the Harnett County Board of Elections to have a special elections putting the referendum before the people. Commissioner Burgin withdrew his amendment. The motion to approve the Harnett County Board of Education’s request to add the ¼ cent county wide sales tax referendum to the ballot in the upcoming November elections was approve unanimously. (Attachment 5)

Mr. Sauer presented the following report and request:

- Report: July 2012 Department of Public Health Activities Summary

- Donation request: Friends of the Howard House

Commissioner House moved that the Board go into closed session to discuss matters relating to the location or expansion of industries or other businesses in Harnett County. Vice Chairman Hill seconded the motion which passed unanimously.

Vice Chairman Hill moved that the Board come out of closed session. Commissioner Andrews seconded the motion which passed unanimously.

Chairman McNeill called for any new business. Vice Chairman Hill moved to give the Harnett County Arts Council $3000. The motion was seconded by Commissioner Burgin and passed unanimously.

Commissioner House inquired about issues raised concerning Valley Road and Overhills Creek Road. Mr. Sauer responded that staff was working with NC DOT on those issues.

Commissioner Burgin asked Mr. Sauer to arrange for commissioners to visit a couple of the schools in the near future. Vice Chairman Hill said she felt a good point was made that the service men and women need to put pressure on too because we can’t continue at the rate we are going. She said it is part of their responsibility to assume some of this work and making these contacts. Chairman McNeill said there is a lot of miscommunication out there that needs to be clear up too.

At 12:15 pm Commissioner Burgin moved adjourn the meeting. Seconded by Vice Chairman Hill, the motion passed unanimously.

________________________________ ____________________________________

Timothy B. McNeill, Chairman Margaret Regina Wheeler, Clerk

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