November 7, 2011 - nmcdn.io · November 7, 2011 The Board of Commissioners of Franklin County, North Carolina, met for its Regular ... PowerPoint presentation. l Following Mr. Murray’s

November 7, 2011 Minutes

November 7, 2011

The Board of Commissioners of Franklin County, North Carolina, met for its Regular

Meeting at 7:00 P.M. in the Commissioner’s Conference Room located in the County

Administration Building with the following Commissioners present: Chairman Sidney E.

Dunston, Vice-Chairman E. Shane Mitchell, Penny McGhee, Donald C. Lancaster,

Harry L. Foy, Jr., Robert L. Swanson and David T. Bunn.

Chairman Dunston called the meeting to order and stated Item 3-C may be postponed

until later in the meeting as the item’s presenter, Chris Heagarty, may be delayed. Mr.

Heagarty was making a presentation regarding redistricting to the Franklin County

Board of Education.

Chairman Dunston asked the Board to consider approval of the consent agenda.

Commissioner Swanson made the motion to approve the consent agenda, seconded by

Commissioner Mitchell. The motion duly carried with all present voting “AYE.”

The items approved are as follows.

1. CONSENT AGENDA A. October 17, 2011 Minutes B. Dental CPT Rate C. Site Certification approval for the EDA grant

2. COMMENTS FROM THE PUBLIC

This was the time set aside by the Board of Commissioners to allow individuals five

minutes to address the Board on issues concerning the county.

Jeremy Neal, 2859 White Level Road, Castalia, NC

Mr. Neal is Chairman of the Franklin County Republican Party. He expressed

concerns with the redistricting process currently underway. He was made aware

that meetings with select groups had been held in advance of the unveiling of the

proposed maps to the public and full Board of Commissioners. He also

expressed concern with the manner in which Mel Black and Associates was

selected for administering the process. He also stated he was concerned that

proposed maps were not placed on the County website sooner.

Harry Barrick, 60 Flat Rock Church Road, Louisburg, NC

Mr. Barrick asked the Board if it received invitations to a private meeting held to discuss redistricting.

Dennis Tabron, 117 Triple Crown Run, Louisburg, NC

Mr. Tabron stated he attended the meeting (reference in the two previous public comments) hosted by the Franklin County Democratic Party. He said the meeting was an open meeting and suggested there were many that did not receive invitations to the meeting. He encouraged others not to be upset about the manner in which the meeting was conducted, but rather focus on the plan that is fair and equitable for the County.

3. PUBLIC HEARINGS

A. Text Amendment to the Franklin County Unified Development Ordinance, Section 2-2: Definition of Basic Terms, and the addition of Article 15B. Public Safety Telecommunication Tower Regulations.


Staff recommended withdrawal of the request for the text amendment. This

action would in effect render the need for a public hearing moot.

Commissioner Lancaster made the motion to withdraw the text amendment,

seconded by Commissioner Mitchell. The motion duly carried with all present

voting “AYE.”

B. Board of Commissioners holds public hearing, adopts resolutions making certain preliminary findings, authorizing the filing of an application with the Local Government Commission (LGC) and approving winning bidder.

The Board was asked to conduct a public hearing, consider adoption of

resolutions making certain preliminary findings, consider authorizing the filing

of an application with the LGC and consider accepting the financing proposal

from Bank of America refunding $3.290 million at 1.81% for seven years and

financing up to $6.8 million at 2.24% for 10 years.

Chuck Murray, Finance Director offered details of the request utilizing the following

PowerPoint presentation.

l

Following Mr. Murray’s presentation, Commissioner Lancaster stated the request to

refinance was a good business decision in order to save the County approximately


$180,000. In reference to the financing of the enhancements to the E911 system,

Commissioner Lancaster said the project should likely be the last major project the

County approves for a time.

At 7:18 P.M., Chairman Dunston opened the public hearing.


With regard to financing, Mr. Tabron stated he agreed with Commissioner

Lancaster in that the County should take into consideration major future projects.

He said it is a concern that $6.8 million is being borrowed when that is not the

total amount needed to pay off the debt, but said if the County will save $180,000

by refinancing, which will help to reduce taxes in Franklin County, he felt doing so

was a good idea. He then stated his concern with Bank of America with regard to

its record of raising rates and wanted to know if the County too would be

affected. Mr. Murray stated the rate was a fixed rate for 10 years.

With no further comments offered, Chairman Dunston declared the public hearing

closed.

Commissioner Mitchell made a motion to adopt the resolutions making certain

preliminary findings, authorize the filing of an application with the LGC and accept the

financing proposal from Bank of America refunding $3.290 million at 1.81% for seven

years and financing up to $6.8 million at 2.24% for 10 years. The motion was seconded

by Commissioner Swanson and duly carried approval with all present voting “AYE.”

C. Redistricting Proposals

This was the time set aside to receive comment from the public on

redistricting plans being considered by the Board of Commissioners for the

2012 Elections and thereafter. The proposed redistricting maps were made

available for public review on the County’s website at

www.franklincountync.us and in the Office of the County Clerk. Chris

Heagarty, Redistricting Attorney, Mel Black & Associates, was in attendance.

This public hearing was advertised in the legal section in the October 29,

2011 edition of The Franklin Times.

This item was delayed until 8:00 P.M. as Mr. Heagarty provided a similar presentation to

the Franklin County Board of Education prior to his arrival.

Before Mr. Heagarty’s presentation, Commission Chairman Dunston made a statement

relative to the scrutiny of some of the activities that occurred surrounding the

redistricting project. He stated in selection of the law firm to develop maps for the

Franklin County Board of Commissioners, Mel Black and Associates was the Board’s

choice because of its affiliation with (political scientist) Mr. Kevin LeCount. He stated Mr.

LeCount was the Board’s preference because of his familiarity with Franklin County

having worked with the County in the past and because of his willingness to be

available to any group or any individuals at any time at no cost to the individual groups

or extra cost to the County.

Commissioner Dunston said In light of the fact that Franklin County is a Voter’s Rights

Act County, under scrutiny of the United States Department of Justice, the development

of voting districts is important because of past discrimination of the African American

population in the County. He stated Franklin County has been fortunate over the past

http://www.franklincountync.us/


three decades to be able to elect African Americans in elections with 50 plus one

percent called for in the Voting Rights Act.

He also stated that in light of the fact that the Chairman of the Franklin County

Republican Party and the County’s sitting Congressman did request that the Board of

Commissioners go on record against the proposed and now approved State redistricting

maps, he personally has travelled the state of the North Carolina speaking at public

hearings in opposition to the plan and said he is now a plaintiff in a lawsuit against the

plan brought by the Democratic party.

Commissioner Dunston stated when the Department of Justice calls on Franklin County,

it will reach out to members of the African American community to obtain its opinion of

whatever maps are presented and said he felt it was his obligation as a member of the

Board of Commissioners and as a member of the African American community to

ensure that the ones who are affected and have been unfairly discriminated against

over the centuries, be well informed of all activities relative to them with regard to

redistricting.

In addition, Commissioner Dunston stated he has been involved with redistricting for the

last ten years. He said the fact that the African American community is the reason why

Franklin County in included in the Voting Rights Act is because of discrimination that

has been brought against us over the past centuries and said he felt it important that he

take responsibility for ensuring the citizens of Franklin and the members of its African

American community understand the process and what is being presented to them.

Commissioner Dunston stated he believed it was his responsibility to call a meeting of

the African American community, but said he had nothing to do with any other meetings

that had been called for relative to the current redistricting process.

Mr. Heagarty stated his presentation would include several proposed redistricting maps

including Alternate 1A, 1B, 2, 3 and 4, but commented the Board could consider any

number of proposed plans. Mr. Heagarty stated he does not like the redistricting

process because it divides communities both physically and politically, but stated it is a

process with which all local communities in North Carolina are mandated to go through

by the Federal Government. He stated the Federal Government sets up different and

conflicting criteria for use. He said it is one of those processes where in order to comply

with one area of the law, communities almost have to not comply with other areas of the

law and then guess which direction the courts will rule, in trying to decide whether or not

it likes the chosen plan.

Mr. Heagarty stated his presentation would include the legal requirements for

redistricting, the criteria established for redistricting plans as well as the legal analysis

for the proposed plans.

(See Mr. Heagarty’s presentation below.)







When ranking the plans, Mr. Heagarty provided the following table with regard to

meeting redistricting criteria, obtaining approval by the United States Department of

Justice as well as surviving legal challenge.

Plan Meet

Redistricting Criteria?

Get

USDOJ

Approval?

Survive

Legal

Challenge?

Alt. 1A 8 of 9 Yes Yes

Alt. 1B 9 of 9 Yes Yes

Alt. 2 7 of 9 Maybe Likely

Alt. 3 4 of 9 Unlikely Unlikely

Alt. 4 8 of 9 / 9 of 9 Yes Yes

In conclusion, Mr. Heagarty stated next steps include input from the public and

consideration of the current proposed maps or creation of new proposals. Upon the

Board’s adoption of a plan, it must then be submitted to the United States Department

of Justice. A separate resolution must also be adopted by the Board requested

expedited consideration of the County’s submission to ensure approval before the filing

period begins in February, 2012.

Commissioner McGhee asked Mr. Heagarty to provide a copy of his presentation to the

Board. Mr. Heagarty agreed to the request and stated if the Board had further questions

in the future he would meet with Commissioners individually, via a conference call or

other means in order for all questions to be vetted and answered.

Commissioner Dunston asked Mr. Heagarty to provide a timeframe for adopting a plan.

Mr. Heagarty stated if expedited consideration is granted by the U.S. Department of


Justice, it will guarantee a turnaround of 60 days. He suggested the Board adopt a plan

no later than December 1, 2011 for submission to be extra cautious in avoidance of

election delays. He said he had no reason to believe expedited consideration would not

be granted because Franklin County, based on all legal factors, is entitled to it and

deserves it.

County Attorney Darnell Batton interjected the County has requested expedited

consideration in the past from the Department of Justice a number of times and said it

has always been granted with a 60-day turnaround.

Commissioner Lancaster stated after the advertised public hearing, additional public

meetings should be scheduled to provide additional opportunities for the public to see

the proposals and receive the same presentation offered earlier by Mr. Heagarty. He

suggested locations to include Franklinton, Louisburg and Bunn High Schools. He

stated the Board should be as transparent as possible with the maps. Based on the

timeline, Commissioner Mitchell suggested Commissioner Lancaster schedule the

meetings prior to the Board’s next regular meeting on November 21, 2011 when the

plans would be voted on.

After consulting with County Attorney Batton, Mr. Heagarty reminded the Board of its

contract with his firm Mel Black and Associates. He said the approved contract includes

three visits to Franklin County and stated additional costs would apply outside of the

terms agreed to in the contract. He stated he would be willing to conduct a fourth

meeting at no expense to the County. Commissioner Lancaster then stated he would

work to consolidate the three meetings he suggested earlier into one meeting.

At approximately 8:46 P.M., Chairman Dunston opened the public hearing.

The following individuals participated in the hearing. A verbatim transcript is

attached titled “Exhibit 110711A.”

Armenta Eaton, 1844 Mays Crossroads Road, Louisburg, NC

James T. Anderson, 1305 East River Road, Louisburg, NC

Rosanell Johnson Eaton, 1844 Mays Crossroads Road, Louisburg, NC

Jeremy Neal, 2859 White Level Road, Castalia, NC

Charles Haley, 65 Perry Lane, Zebulon, NC

North Carolina Senator Doug Berger, 125 Hunters Lane, Youngsville, NC


Jenny Edwards, 803 East Mason Street, Franklinton, NC

Gary Marciniak, 112 Montana Drive, Louisburg, NC

Dwight Neal, 22 Kateler Place, Louisburg, NC

Ruth Downey, 18 Fairlane Avenue, Franklinton, NC

John May, 273 Dorsey Road, Louisburg

Joe Taylor, 31 Hagwood Road, Zebulon, NC

Taulafouga Poyer, 250 Cypress Springs, Louisburg, NC

Cynthia Hayes, 63 Lynch Evans Road, Spring Hope, NC

Zollie Gill, 1440 East River Road, Louisburg, NC

The public hearing closed at 9:46 P.M.

Written comment was provided to the Board by Mr. Roger Lytle whose address is 571

Williams White Road, Zebulon, NC. His comments have also been attached to the

minutes as a public record as Exhibit 110711B.


No action was requested or taken.

4. PRESENTATION: STATE OF COUNTY HEALTH REPORT

The Board received a presentation of the State of the County Health Report offered by

Health Director Dr. Chris Szwagiel and Ms. Becky Leonard. The state of North Carolina

requires that local health departments conduct a community health assessment (CHA)

every four years. Ms. Leonard said the report highlights progress and tracks changes.

She said it documents data from a community health survey of Franklin County citizens

along with regular statistics. She said the priorities selected from the information drives

the agency strategic plan. In the three years between each CHA, health departments

are expected to submit a State of the County Health Report (SOTCH report). The

purpose of the SOTCH report is to track priority issues identified in the CHA, identify

emerging issues, and highlight new initiatives in the county. Based on the findings of the

CHA, the following health priorities identified in Franklin County for 2008-2012 include

the following:

Overweight and obesity (physical activity and nutrition)

Chronic diseases (Diabetes, Cancer, Arthritis)

Youth health (physical activity, nutrition, asthma)

Access to care (underinsured, uninsured and indigent populations)

The Board was provided a copy of the report. Ms. Leonard stated the report can also be

accessed from the website of the Franklin County Health Department at

www.franklincohealth.org. Copies can also be viewed at local libraries as well as

Franklin Regional Medical Center in Louisburg.

No action was requested or taken by the Board of Commissioners.

5. RADIO PROJECT STATUS UPDATE/CHANGE ORDERS REQUEST

Emergency Communications Director Christy Shearin provided an update regarding the

status of the Radio Project. Change orders needed to complete the project were also

presented. Specifically, change orders included improvements to the 911 Center and

additional equipment necessary for the Interoperability Plan. According to Mrs. Shearin,

the change orders would not require any additional borrowing.

Mrs. Shearin offered the following PowerPoint presentation outlining her request.

http://www.franklincohealth.org/



Mrs. Shearin noted in her presentation that additional needed items had been identified.

The first need comes at a cost of $173,787.29 for updates to the 911 Civils and

Dispatch Center.

A second item requested was an interference study (at a cost of $10,313) that was not

included in the original contract according to Mr. Michael Brown, Harris Corporation

(Harris) Site Manager. He said the study is important as the County expands its

communications project by putting in additional sites that are on the outskirts of the

County and changing locations from where they are located today. He stated that at

current sites where antenna systems are located, other frequencies can be heard

coming in through radios. However, the new technology is a digital technology that will

be used in which one cannot actually hear the interference. As an example, Mr. Brown

stated an individual on the street could be trying to talk on a portable radio and the

message could potentially be interfered with and never transmit. He said it is especially

important to locate interference in the frequency band the County is currently in. He said

it travels a long distance and said it is not unusual for places to be operating outside the

licensed amount for their power. He said in similar systems he has seen this issue arise.

He stated the reason the study is done is to identify those agencies or interference on

these channels and identify interference as it relates to the new sites where the County

will be located in the future versus where the locations are today.

Commissioner Swanson asked Mr. Brown if it was known from the beginning of the

project that an interference study was needed. Mr. Brown stated his understanding that

obtaining frequencies was not part of the original contract with Harris. Mrs. Shearin

stated Kimball & Associates (Kimball) was responsible for obtaining frequencies and

having them licensed and said Harris was not responsible for that component. Harris is

responsible for communicating whether or not the frequencies will work with the system.

Commissioner Lancaster stated Kimball should pay for the cost for the study.

Commissioner McGhee asked Mrs. Shearin to clarify the responsibilities of Kimball &

Associates and Harris Corporation. Mrs. Shearin stated Kimball is responsible for

obtaining the licenses from the Federal Communications Commission (FCC) on the

County’s behalf. They also have the responsibility of managing the overall radio project,

making sure the County is protected and that when the County puts out a bid it asks for

the correct, appropriate information.

Commissioner Swanson asked how the study would be financed if there were no

contingencies in place. No verbal answer was given.

Commissioner Mitchell asked Mr. Brown why the interference study was not mentioned

and included in the original contract with Harris Corporation if the firm was already

aware of interference issues with digital technology. Mr. Brown said interference

recently began occurring in Franklin and said it was not something Harris was aware of


in the area ahead of time. As a former customer, Mr. Brown stated he had similar

experiences when he experienced interference with neighboring jurisdictions.

Commissioner Dunston followed up by stating Harris has guaranteed the County 95/95

coverage. He too asked for a definitive explanation as to why the interference study was

not identified and included in the original proposal. He said the Board cannot continue

approving change orders for needs that Harris overlooked and pointed out that Mr.

Brown had already admitted his knowledge of the possibility of interference.

In response, Mr. Brown stated that if everyone was following the rules with regard to

their own licensing, interference would not be problematic. However, he said it was

recently discovered that adjacent counties were having interference within the same

frequency band bringing about the request for the study. He said interference can

always be an issue and that 95% coverage and 95% functionality has nothing to do with

interference. He said the guarantee has to do with the actual coverage of the

frequencies and the system itself which are two separate issues.

Mr. Brown said the bottom line is with the transmitters and towers that you (the County)

have, on the frequencies that you (the County) have, whether or not people can talk and

listen on that system functionality wise is included in the 95/95 coverage. He said

external people interfering with the system is not something that Harris Corporation

guarantees but is willing to help alleviate if possible. He stated Harris had no

responsibility for obtaining the frequencies and no reason to believe that anyone was

acting outside of their transmitter area, with the exception of noticing recently that there

were adjacent counties having that same issue.

The cost for the study would be paid to Harris Corporation according to Mr. Brown.

With regard to the interference study, Commissioner Mitchell made a motion to direct

Harris Corporation and Kimball & Associates to coordinate and determine which firm

would fund the interference study rather than the cost being incurred by the County. The

motion was seconded by Commissioner Lancaster and duly carried approval with all

present voting “AYE.”

The next item requested was relative to the reprogramming of radios. Mrs. Shearin said

this must be done in an effort to prepare for changeover and cutover at a cost of

$13,900. In response, Commissioner McGhee stated this too should have been

included in the original contract and said she is bothered by the fact that additional

needs keep coming forward. She expressed her frustration with Kimball and stated she

thought the purpose of hiring a consultant was to protect the County and relay what was

needed for the 911 system as experts in the field.

Mrs. Shearin then mentioned a change order request including the Interop Solution at a

cost of $39,014.

Mrs. Shearin stated the approved budget for Mobile Computer Aided Dispatch (CAD) is

$193,169. The contracted amount is $154,709. She stated she would like to allocate

$31,000 out of the Mobile CAD budget for Virtual Private Network (VPN)/Firewall/Router

package needed.

Mrs. Shearin stated the total remaining in the project budget to date is $297,244.85. The

total of all change orders requested is $268,014.29. If all requested change orders are

approved, Mrs. Shearin stated the balance of the project budget would be $29,230.56.


Commissioner McGhee made a motion to table the change order requests for

Reprogramming and Interop Solution, seconded by Commissioner Foy. The motion duly

carried approval with all present voting “AYE.”

Commissioner McGhee stated she wanted answers from Kimball as to why the Board

was not made aware of the needs that have now been brought forward in the form of a

change order request. She said she will also want to know what additional requests will

be expected moving forward.

Commissioner Dunston asked Finance Director Chuck Murray if any of the actions

taken would affect the County’s position with the Local Government Commission. Mr.

Murray stated the position would not be affected.

Commissioner Lancaster made a motion to approve the requests related to Mobile CAD

and 911 Civils and upgrade. The motion was seconded by Commissioner Mitchell duly

carried with all present voting “AYE.”

6. CEDAR CREEK ROAD FORCE MAIN SEWER RAY’S CREEK PHASE II

On Tuesday, October 25, 2011, bids were received in the Franklin County

Commissioner’s Meeting Room. Three bid packages were received with two responsive

bids opened and read in an informal bid process. The bids ranged from a high bid of

$282,603 to the low bid of $263,222 submitted by Corbett Contracting of Selma, North

Carolina. A complete bid tabulation and bid summary is included in the agenda packet.

Based upon the quality of work currently performed by the contractor for Franklin

County Public Utilities, Bryce Mendenhall, Public Utilities Director, recommended the

bid be awarded to Corbett Contracting, Inc. for the project as listed.

Commissioner Lancaster made the motion to award the bid to Corbett Contracting, Inc.

in the amount of $263,222. The motion was seconded by Commissioner McGhee and

duly carried approval with all present voting “AYE.”

The bid summary and bid tabulation follows.


7. TRIANGLE NORTH FRANKLIN COUNTY – ROAD CONSTRUCTION BID AWARD

On October 18, 2011, nine sealed bids were opened for construction of approximately

7,200 linear feet of new roadway from the current terminus of Airport Road to NC

Highway 401. Bids ranged from $1,736,369.82 to $2,427,141.50 with the Fred Smith

Company being recognized as the apparent lowest bidder. Following certification of the

bids by Tom Goodwin, P.E., with Hobbs & Upchurch Associates, the Fred Smith

Company was recommended for the project having met all requirements set forth within

bid documents. Final approval is subject to concurrence by the North Carolina

Department of Transportation (NCDOT), Kerr-Tar Regional Economic Development

Corporation (KTREDC) and the US Department of Commerce. Funding for the project

comes from grant monies received from NCDOT and the US Department of Commerce

in the amount of approximately $2.6 million. The project is to be completed within 480

calendar days from the date a notice to proceed is issued which is anticipated to occur

in early December, 2011.

Commissioner McGhee stated she held concerns regarding awarding the contract to the

Fred Smith Company. She stated she recalled issues with the contractor on another

project.

Franklin County Planning Director Scott Hammerbacher stated legal guidance had

already been obtained regarding Commissioner McGhee’s concern. In checking with

the North Carolina Department of Transportation (NCDOT), he said Fred Smith

Company has been recognized by the State as a qualified bidder. He said $900,000 in

funding is coming from NCDOT and said the lowest qualified bidder must be selected

per General Statutes.

County Attorney Darnell Batton reiterated Fred Smith Company is prequalified by the

State. He said KTREDC was concerned and wanted justification if the County had to

pass them (Fred Smith Company) over and pay $50,000 more by awarding the bid to

the second lowest qualified bidder. That we needed to have a factual basis to support

rejecting them as the low bidder and we did not have that factual basis to support that

decision therefore we decided to go ahead and award to Fred Smith even though we

have had problems prior with the company on a contract related to a sewer line.


Commissioner Lancaster made the motion to consider awarding paving contract to the

Fred Smith Company in the amount of $1,736,369.82 to construct roadway within

Triangle North Franklin County, concurrent with action of the KTREDC. The motion was

seconded by Commissioner Mitchell and duly carried approval with all present voting

“AYE.”

Mr. Allen Gardner was in attendance and asked to address the Board as the attorney

for Fred Smith Company. He said the company is very interested in this project and said

Mr. Smith has purchased an asphalt plant locally in Northern Wake County. He said the

company will perform well on this project and said it looks forward to working with

Franklin County in the future. He said the unique circumstances that occurred between

the County and Fred Smith Company in the past will never happen again.

(Please see the bid tabulations below.)


8. TRIANGLE NORTH FRANKLIN COUNTY – CONSTRUCTION, ENGINEERING

AND INSPECTIONS (CEI) CONTRACT TO SPAULDING & NORRIS, P.A.

Spaulding & Norris, P.A. is staff’s recommendation to be awarded the contract to

perform Construction, Engineering and Inspections (CEI) services on behalf of the

County and the Kerr-Tar Regional Economic Development Corporation. The proposed

contract with Spaulding & Norris, P.A. is an hourly contract with a not to exceed amount

of $163,000 which will be paid through an existing $900,000 North Carolina Department

of Transportation (NCDOT) grant in conjunction with roadwork. Pending award of the

contract by the Board of Commissioners, approval by NCDOT and the Kerr-Tar

Regional Economic Development Corporation will be required as well.

Commissioner Lancaster made a motion to award Construction, Engineering and

Inspection services contract to oversee road construction to Spaulding & Norris, P.A. in

an amount not to exceed $163,000. The motion was seconded by Commissioner

Mitchell and duly carried approval with all present voting “AYE.”

9. NCACC UPDATE

Commissioner Don Lancaster serves as the District 8 Director of the 2011-2012 North

Carolina Association of County Commissioners Board of Directors. Commissioner

Lancaster provided an update regarding information received at a recent meeting of the

Board of Directors highlighting current action, issues and challenges.

No action was requested.

10. OTHER BUSINESS With regard to North Carolina redistricting, Commissioner Mitchell stated Franklin County lost its single seat in the House of Representatives by having our County split into two districts. He suggested the County’s voice be heard in opposition of the General Assembly’s action. He suggested the Board take appropriate action by entering into a lawsuit of its own. North Carolina Senator Doug Berger was in attendance and offered that Pender County had previously filed a lawsuit in a redistricting action and was successful in having its county representation remain intact as within one district after a redistricting effort that had divided the county.


Commissioner Mitchell made a motion to seek legal advice and enter into a lawsuit seeking single representation for the entire County in that our (Franklin County’s) House Seat has been taken away from us by splitting the County into two separate districts. The motion was seconded by Commissioner McGhee and duly carried approval with all present voting “AYE.” Commissioner McGhee noted a concern she has with fundraisers being conducted at the intersection of US Highway #1 and Highway 96. She stated it is extremely unsafe. Sheriff Jerry Jones was in attendance and stated the activity is taking place at other busy intersections as well. Sheriff Jones said he would look into the matter and report back to the Board. 11. BOARD, MEMBER AND CLERK’S COMMENTS

This was the time set aside for the Board of County Commissioners, the County

Manager, and the Clerk to the Board to report on various activities. The Board may also

discuss other items of interest.

County Clerk Kristen G. King: Mrs. King stated the County’s Veteran’s Day Service is scheduled for Friday, November 11, 2011 at 11:00 A.M. at the Louisburg High School Auditorium. Commissioner Foy: Commissioner Foy commented on a successful 2011 North Carolina State Fair. He also noted he attended the recent Farm City Week Luncheon and stated it was a good, informative event. Commissioner Foy stated he also attended a recent adopt-a-thon held at the Franklin County Animal Shelter and reminded those in attendance that an auction to benefit the Miracle League of Franklin County is scheduled for November 12, 2011 at Bunn High School beginning at 5:30 P.M. Commissioner Bunn: No report was offered. Commissioner Mitchell: No report was offered. Commissioner Dunston: No report was offered. Commissioner Lancaster: Commissioner Lancaster commented he attended the recent Farm City Week Luncheon. Commissioner McGhee: Commissioner McGhee stated she also attended the Farm City Week Luncheon and was appreciative that she could participate. She attended a Board of Health meeting where the Board was trained in preparation for accreditation in January, 2012. She also attended a recent Board of Mental Health meeting and said it will be joining with Piedmont Behavioral Care in January of next year for Medicaid dollars. She said the full Board will not be joining at that time and said that would take place in June. At that time, the Board of Commissioners will be called upon to vote to dismantle Five County Mental Health and allow the group to join Piedmont Behavioral Care. At that time, she said she should be able to answer questions about representation from each County, representation from Five County Mental Health, etc. She informed the Board that she would forward any concerns from Commissioners or citizens if received. Commissioner Swanson: Commissioner Swanson stated he attended the recent Farm City Week Luncheon. County Manager Angela L. Harris: No report was offered.

12. CLOSED SESSION

The Board was asked to consider entering into a closed session pursuant to North Carolina General Statute 143-318.11 (a)(6), in order for the Board to discuss a personnel matter.


The Board was also asked to consider entering into closed session pursuant to North Carolina General Statute 143-318.11 (a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged. Commissioner Swanson made the motion to enter into closed session, seconded by Commissioner Mitchell, pursuant to the following:

North Carolina General Statute 143-318.11 (a)(6) in order for the Board to discuss a personnel matter.

North Carolina General Statute 143-318.11 (a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.

The Board voted 6 to 1 to enter into closed session, with Commissioner Foy voting “NO.” Following the closed session, Commissioner Mitchell made the motion to enter back into open session, seconded by Commissioner Bunn. The motion duly carried with all present voting “AYE.” Chairman Dunston noted no action was taken.

Commissioner Bunn then made a motion to adjourn, seconded by Commissioner

Mitchell. The motion duly carried with all present voting “AYE” and the meeting

adjourned at 11:54 P.M.

Sidney E. Dunston, Chair Kristen G. King, Clerk to the Board


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Documents

November 7, 2011 - nmcdn.io · November 7, 2011 The Board of Commissioners of Franklin County, North Carolina, met for its Regular ... PowerPoint presentation. l Following Mr. Murray’s