Board of Commissioners Meeting August 6, 2012 The Duplin County Board of Commissioners met at 9:00 a.m. in regular session on Monday, August 6, 2012 in the County Commissioner s room, 224 Seminary St., Kenansville, NC. Present: Commissioners Kenn Thompson, Harold Raynor, Tim Smith, and Jessie Ladson. Present by Telecom: Commissioner Zettie Williams and Commissioner Frances Parks Also Present: Mr. Mike Aldridge, County Manager, Ms. Paige Marshburn, Administrative Officer, Ms. Teresa Lanier, Finance Officer, and Ms. Wendy Sivori, County Attorney. Invocation was given by Commissioner Ladson. Mr. Mike Aldridge, County Manager, added to the agenda: visiting us today will be 12 medical students from China; will need two budget amendments for acquisition of foreclosed properties; budget amendment needed to purchase vehicles for Sheriff s Department; Mr. Randy Norwood to hire one part-time housekeeper; and NC Cooperative Extension awarded special leave by the State. Commissioner Thompson added: discuss request from last meeting regarding a vacant IT position; purchase of new vehicles; revised MOU; and an email received by a citizen regarding the new vacation policy put into effect at the last meeting. Commissioner Smith added: legal matters. carried unanimously, to approve the consent agenda which included the following; July 16, 2012 minutes; Tax & Solid Waste Releases #9285-#9397, budget amendments #0041 - #0047, health bad debt write off June 30, 2012 ($4,769.43), transportation bad debt write off May 6, 2012 ($35.00) administrative budget amendments #A010 - #B042: visiting us will be 12 medical students from China; two budget amendments for acquisition of foreclosed properties; budget amendment needed to purchase vehicles for Sheriff s Department; Mr. Randy Norwood to hire one part-time housekeeper; and NC Cooperative Extension awarded special leave award by the State: discuss request from last meeting regarding vacant IT position; purchase of new vehicles; revised MOU; and an email received by a citizen regarding the new vacation policy put into effect at the last meeting, and legal matters. Ms. Jerri Parker, NCDOT Engineer, appeared before the board to discuss road issues in Duplin County. Commissioner Ladson commented that the contractor was not cutting the side roads. Commissioner Zettie commented that the right side of her driveway and her neighbor s driveway was washing away. Ms. Parker said she would have it checked into. Mr. Aldridge commented that the shoulder of Seth Turner Road needs mowing. Mr. Joe McKemey, McDavid Associates, Inc., appeared before the board and gave an update on the sanitary sewer project at Interstate 40 and Interchange 373 and to seek clarification for the board on whether it is or not a mandatory connection for the present 28 residents (see attached documents). Motion was made by Commissioner Smith, seconded by Commissioner Raynor, carried unanimously, to require mandatory connection to the sanitary sewer system.
Motion was made by Commissioner Smith, seconded by Commissioner Raynor, carried unanimously, to go out of Regular Session and into session as County Water District D. The Board returned to regular session. Ms. Lauren Lewis, Public Health Educator I, appeared before the board to give an update on the gym usage and the Wellness Program. Motion was made by Commissioner Thompson, seconded by Commissioner Ladson, to provide a wellness day incentive for those that complete a health risk assessment, follow up with the Public Health Educator, and get their lab work done. Commissioners Thompson, Smith, Ladson and Williams voted for. Commissioner Raynor voted against. Motion carried 4:1. Mr. Wendell Campbell, Board of Education Finance Officer, Mr. Tim Gafer, Trane USA, Inc. and Mr. Bobby Norwood, Board of Education Maintenance Director, appeared before the board to request approval of a resolution acknowledging the execution and delivery by the Duplin County Board of Education of a guaranteed energy savings contract. This agreement will be for major lighting renovations, heating, and air conditioning in 15 of 16 Duplin County schools (see attached document). carried unanimously, to approve the resolution acknowledging the execution and delivery by the Duplin County Board of Education of a guaranteed energy savings contract. Mr. Aldridge appeared before the board on behalf of Mr. Robert Butler, DOT, requesting the board to approve the resolution to add Davis G. Evans Lot Division to the State maintained secondary road system (see attached documents). carried unanimously, to approve the resolution adding Davis G. Evans Lot Division to the State maintained secondary road system. Commissioner Parks joined the meeting via telecom. Mr. Tom Reeves, IT Director, appeared before the board requesting permission to advertise and fill the vacant position of System Network Administrator/Systems Analyst (see attached document). carried unanimously, to approve Mr. Reeves to advertise and fill the vacant System Network Administrator/Systems Analyst position in the IT Department. Mr. Reeves appeared before the board to bring back a request from the last meeting. His request was that he had a vacant position, and instead of replacing this position he would like to correct the pay scale on a current senior application programmer. This would save the County approximately $30,000.00. Motion was made by Commissioner Thompson, seconded by Commissioner Parks, carried unanimously, to approve Mr. Reeve s request to not replace the vacant position but to increase the pay scale on a current senior application programmer. 2
Ms. Donna Rouse, Soil Conservation Director, appeared before the board to request to advertise and fill a vacant soil conservation technician I position (see attached documents). Motion was made by Commissioner Smith, seconded by Commissioner Thompson to table this discussion until the next meeting. Commissioners Thompson, Smith, Williams, Raynor voted for. Commissioners Parks and Ladson voted against. Motion carried 4:2. Miscellaneous Mr. Aldridge appeared before the board to discuss SpyGlass. SpyGlass is a firm that specializes in performing audits on telecommunications billing to determine if customers are being charged the proper rates, tariffs, taxes, etc. They are paid on a contingency basis for errors they discover (see attached document). Motion was made by Commissioner Thompson, seconded by Commissioner Parks, carried unanimously, to approve the audit agreement with SpyGlass and authorize the Chairman to sign. Mr. Aldridge requested the approval and filing of an application for State aid to public libraries in Duplin County for 2012-2013 (see attached document). carried unanimously, to approve the filing of an application for State aid to public libraries in Duplin County, and authorize the Chairman to sign. Mr. Aldridge appeared before the board to request a revision to the personnel policy. Section 17 of the personnel policy currently allows an employee to use sick leave to attend an illness of an immediate family member. The policy specifies that immediate family member for the purpose of that section is defined as spouse, children, and parents. Occasionally, employees have step children and step parents that they are responsible for caring for in the same capacity as children and parents. The current wording prohibits allowing them to use sick leave for this purpose (see attached document.) Motion was made by Commissioner Parks, seconded by Commissioner Thompson, carried unanimously, to approve revising the current personnel policy, Section 17 on sick leave to include step children and step parents to become effective immediately. Mr. Eric Bush, DSS Director, appeared before the board to request approval of an agreement between Duplin County DSS and Duplin County Sheriff for service IV-D summons. This agreement has been approved by Ms. Wendy Sivori, County Attorney and Sheriff Blake Wallace (see attached document). carried unanimously, to approve the Memorandum of Agreement between Duplin County DSS and Duplin County Sheriff for serving IV-D summons, authorizing the Clerk and Finance Officer to sign same, thus approving budget amendment #49. 3
carried unanimously to purchase one vehicle in the amount of $36,540.00 for serving IV-D summons, thus approving budget amendment #50. Sheriff Blake Wallace appeared before the board to request permission to allocate $67,000.00 from federally seized assets to purchase three additional vehicles. Motion was made by Commissioner Thompson, seconded by Commissioner Parks to approve the Sheriff s Department to purchase three vehicles from federally seized assets, thus approving budget amendment #51. Mr. Aldridge appeared before the board to discuss the NCACC Solicitation of County Legislative Goals annual conference of the North Carolina Association of County Commissioners to be held in Wake County on August 16-19, 2012 (see attached document.) It was the consensus of the board that no one from the board would be attending the NCACC conference. Mr. Aldridge appeared before the board with a Government Owner Agreement between Duplin County and Rural Economic Development Center, Inc. for Duplin General Hospital Emergency area expansion (see attached document.) carried unanimously, to approve the agreement between Duplin County and Rural Economic Development Center, and authorize the Chairman and Finance Officer to sign same. James Sprunt Community College is requesting to carry forward $233,959.00 from FY 2011-2012 capital funds. The carryover is required to complete the projects in progress at the end of the FY 2011-2012 which was campus HVAC controls replaced for $202,292.00, and the Boyette building floor costing $31,667.00. carried unanimously, to approve James Sprunt s request to carry forward $233,960.00 from FY 2011-2012 capital funds for HVAC controls and to replace flooring. Mr. Gary Rose, Tax Administrator, appeared before the board with Mr. & Mrs. Johnson and their attorney, Mr. Robert Kenan, appealing deferred land use taxes for the Johnsons. The application was not returned back to the tax office in the specified time stated in the letter. The taxes due were approximately $10,000.00. The application was not returned until June 29, 2012 and should have been received in the tax office by June 25, 2012. Mr. Rose s recommendation was not to accept this application as timely filed. Mr. Kenan asked the board to consider for just cause that the application be accepted as timely filed because the Johnson s were confused on the date of the letter to be returned and other reasons. Motion was made by Commissioner Smith, seconded by Commissioner Raynor, carried unanimously, to waive the deferred tax and accept the application as timely filed. Mr. Rose appeared before the board to present the Tax Collectors Settlement and to ask that it be approved (see attached.) 4
Motion was made by Commissioner Smith, seconded by Commissioner Raynor, carried unanimously, to approve the Tax Collectors Settlement, and authorize all parties to sign. Mr. Aldridge appeared before the board to continue from the last meeting the discussion on the Memorandum of Understanding (MOU) before the Board of Education and Board of Commissioners meeting on August 8, 2012. Commissioner Williams said she voted for it last time and to me it was a promise and I am going to uphold my promise. If both boards cannot come to an agreement, I will still uphold my promise. Commissioner Thompson had a couple of items he wanted brought up at the Board of Education and Board of Commissioner joint meeting regarding the MOU. He talked with Wendy months ago after she talked to the Institute of Government and they said it their opinion it was not a legally binding document because the statute requires the County to provide the current needs of the Board of Education. Needs are not based on percentages of an amount. Not all of the current board members agreed to the MOU, but in good faith the County and the Board of Education needs to resolve this and make it real to satisfy the judgment (see attached document.) Commissioner Parks thinks it time to come up with something besides the Memorandum of Understanding that will work for both boards. Ms. Sivori thinks it needs clarification on exactly what the Memorandum of Understanding is saying because everyone is thinking something different. Mr. Aldridge appeared before the board with a contract with Unifirst to lease Duplin County Landfill uniforms for three years (see attached document.) carried unanimously, to approve the Landfill to contract with Unifirst for three years to lease uniforms. Mr. Aldridge appeared before the board with a contract between Duplin County Services for the Aged and Eastern Carolina Council of Governments (ECCOG). The total amount of the grant is $5,872.00 (see attached document). carried unanimously, to approve the contract between Services for the Aged and ECCOG FY 2013 to receive the amount of $5,872.00, and authorize the Chairman and Finance Officer to sign same. Mr. Aldridge appeared before the board on behalf of Mr. Randy Norwood, Maintenance Director, requesting to advertise and fill a part time housekeeping position. carried unanimously, to approve Mr. Norwood to advertise and fill a part time housekeeping position. Commissioner Williams was excused from the meeting via telecom. 5
Mr. Aldridge appeared before the board to get approval from the board to sign a consent acknowledging that the County is in support of NC Cooperative Extension awarding their employees an additional 40 hours vacation leave and a 1.2% salary increase for FY 2012-2013. It is the County s responsibility to pay 45% of the salary in lieu of being a County employee (see attached document). Motion was made by Commissioner Smith, seconded by Commissioner Parks, carried unanimously, to sign the consent that the County agrees to award the proportional match of 45% of the Special Leave provision for 2012-2013 to NC Cooperative Extension State employees. Ms. Wendy Sivori appeared before the board about two foreclosures. The properties were not sold in court so therefore the County became the high bidder. The first foreclosure was Duplin County versus William Delmar Mazingo, Jr. This property is in Smith Township and has a tax value of $9000.00. The County paid off the taxes of $3,205.77. carried unanimously, for the County to purchase the foreclosed property in Smith Township, thus approving budget amendment # 52. The second foreclosure was Duplin County versus Sue Neil Glaspie. This property is in Warsaw. The county portion of taxes that are owed is $3,736.49. Motion was made by Commissioner Parks, seconded by Commissioner Smith, carried unanimously, for the County to purchase the land and pay the taxes owed of $3,736.49, thus approving budget amendment #53. Commissioner Thompson appeared before the board to discuss vehicle purchase for departments. His concern was that departments were purchasing vehicles outside of Duplin County. He feels that we should at least give the dealerships in Duplin County the opportunity to compete. He asked Mike to send a letter to all departments concerning this. Motion was made by Commissioner Thompson, seconded by Commissioner Parks, carried unanimously, for departments that purchase vehicles and heavy equipment to seek bids in Duplin County and support the residents of this County when we can. It is not mandated that we purchase from a Duplin County vendor, but we should certainly give them the opportunity to compete. Commissioner Thompson appeared before the board about an email he received from Mr. Hank Fry that had questions he would like answered about the county s vacation policy. His first question was Who requested the study that led to the new vacation policy? His second question was How many work days will be lost in the first year due to the new vacation policy? His third question was What is the County policy regarding carrying over vacation days? Mr. Aldridge will answer these questions and forward to Mr. Fry. Duke University School of nursing had a group of China nursing students visiting them on a culture emerging experience. They observed part of the board meeting and they visited other places in Duplin County. 6
Motion was made by Commissioner Parks, seconded by Commissioner Smith, carried unanimously, to go into Closed Session per N.C.G.S. 143-318.11 (a) (3)Legal and N.C.G.S. 143-318.11 (a) (4) Economic Development. Motion was made by Commissioner Parks, seconded by Commissioner Smith, carried unanimously to approve the stipulation of settlement and consent order for the case of Duplin County versus N.C. Department of Agriculture and Consumer Services, Veterinary Division, thus approving budget amendment #0054. carried unanimously, to recess until August 8, 2012 at 7:30 a.m. at the Ed Emory Auditorium for a Board of Commissioner/Board of Education joint meeting. Clerk 7