Approved on a 3-2 split vote, the new Code of Ethics for the Moore County Board of Commissioners is a comprehensive guideline that includes both general and specific recommendations for legal and ethical behavior. The Board adopted the document during its Tuesday, November 16 meeting.
The Code lays out and explains a list of basic principles: that commissioners shall obey the law, should uphold the integrity and independence of their office, should avoid impropriety and the appearance of impropriety, should perform the duties of the office diligently, should conduct the affairs of the Board in an open and public manner, and should endeavor to stay updated on new or ongoing legal or ethical issues. The text in the primary document was approved as presented, without comment.
But a short section in an attachment to the Code split the Board along familiar lines, with Chair Tim Lea and Commissioner Cindy Morgan holding the minority vote against Commissioners Larry Caddell, Nick Picerno, and Jimmy Melton.
A bullet point in the attachment stated that commissioners must fulfill their obligation by voting on all matters brought before them, except when there is a legal basis or requirement to refrain from voting, even when there is an appearance of conflict of interest. A follow-up example appeared to give the Board as a whole, in consultation with the County Attorney, the ultimate authority to determine whether a Commissioner with a legal or perceived conflict of interest could vote on a particular question.
Picerno moved to have that example stricken from the text, prompting Lea, who stated he would have approved the Code as it had been presented, to call for an amended motion with further restrictions:
• In particular, that commissioners should not be involved in the budget process when serving on other commissions or committees with budgets overseen by the County Commissioners
• That purchases of equipment or software must be competitively bid when a gift portion is linked to a service contract, and when considering a land purchase through a closed process
• That the amount cannot be greater than the highest appraised value unless a public hearing is held, and that a complete survey and environmental review must be completed prior to a preliminary agreement.
Those three proposed restrictions appear to be prompted, in turn, by:
• Commissioner Caddell's service on the Sandhills Community College Board of Trustees, which proposes a budget that the Commissioners must approve;
• The donation of public safety software to the county by Southern Software, which Caddell serves as CEO and which was founded by Picerno; and
• The decision of a previous Board of Commissioners to pay more than the tax value for the Grimm property, the site on which the new jail and public safety complex will be built.
“You can do a lot of things legally, but is it ethical?” asked Lea.
In two separate 3-2 split votes, the Board denied Lea’s recommendation and approved the Code of Ethics with the elimination of the example, as originally proposed by Picerno.
Morgan recognized
Seated for her final meeting in office, Vice Chair Cindy Morgan was formally commended for serving with distinction and honor and recognized for her professionalism and dedication, in a unified demonstration of support by her fellow commissioners.
“She is an example of how elected officials should behave,” said Lea, echoing the many accolades offered by Commissioners Caddell, Melton and Picerno. Her fellow Commissioners and members of the public and county staff gave Morgan a standing ovation.
Sworn into office in 2006, Morgan has served on multiple committees, including acting as the Commissioner’s liaison to the Emergency Services Committee, Moore County Public Health Board, Human Resources Board, and Drug Free Moore County, as well as chairing the Social Services Board.
Addressing the Board and a crowd of supporters at the meeting, Morgan warned against cronyism and the appearance of cronyism and also noted that, while the commissioners have not always seen eye-to-eye and despite the recession, Moore County is on sound financial footing.
“Restraint and thriftiness are virtues that bring back prosperity. A lesson I’ve learned is that saying yes is easy, but saying no is hard and is almost always necessary,” said Morgan.
Wastewater treatment plant expansion and upgrade
Taking advantage of a low interest rate of 2.22 percent over a twenty year term, the Commissioners unanimously approved a loan application for up to $26 million for a major expansion and upgrade of the Moore County Water Pollution Control Plant.
The facility currently has a 6.7 million gallon per day [mgd] capacity and the expansion will add another 3.3 mgd for a total capacity of 10.0 mgd, the level recommended to address increased flows anticipated over the next twenty years.
Presently, the design process for the expansion project is sixty percent complete and construction cost estimates are $4 million less than expected for the $32 million dollar project, reported Public Works Director Dennis Brobst.
Estimated project costs include $27,400,000 for construction, $1,127,000 for detailed engineering, $245,473 for construction phase engineering, $801,527 for inspections, $650,000 for legal and administrative costs, and $2,740,000 set aside in a contingency fund.
Thus far, two rate increases have been recommended and approved; Brobst anticipates a third increase may be necessary, but should be minimal.
Debt and the new county buildings
In response to a list of written questions from Barbara Schindler related to both the proposed county facilities and the level of debt the county will incur as a result, the Commissioners responded individually in writing, but also invited Schindler to address them directly at their November 16 meeting.
Specifically, Schindler expressed concern about court facilities: Whether a new building will be proposed; and, if so, where will it be, how big will it be, and how will the county pay for it?
Lea responded that the need for courthouse facilities is an ongoing concern, and that, if a new facility is proposed, the recommended location is the Grimm property in downtown Carthage; however, no action has been taken at this time.
Caddell also noted that, when the new Public Safety facility is complete, the Sheriff’s office will vacate and free up approximately 8,000 square feet in the existing courthouse, doubling capacity in the basement of the building.
“My personal opinion is that we need to have a space analysis report to make sure we are getting bang for our buck,” said Caddell.
Morgan agreed, stating that a space analysis assessment is needed for all county buildings.
“It makes no sense to build more, if we don’t know how we can best use what we’ve got,” Morgan said.
Schindler also had questions related to debt service, and, while she agreed a new jail was needed, expressed concern about the money required for the facility and whether taxes would be increased. She confirmed that, at $55 million in limited obligation bond payments, 27% of debt service would be going to the Detention Center project. Lea reminded her that $10 million of the total project cost was set aside for interest and utility upgrades.
Other Business
In other business on Tuesday, November 16, the Board of County Commissioners:
• Heard a quarterly financial report for Sandhills Center, which provides mental health and substance abuse services to county residents.
• Heard a progress report by Planning Director Joey Raczkowski on updates and revisions underway with long range planning and the Unified Development Ordinance, which will combine existing zoning, subdivision, and flood plain ordinances into a single, user-friendly document. With good progress, Raczkowski said, the project should be complete by early Summer 2011.
• Approved a $136,000 contract to US Foods Request to provide food service at the Moore County Detention Center.
• Approved several minor revisions to the Emergency Services Committee Bylaws which was last updated in 1996.
• Approved three Scattered Site Housing CDBG contract awards for emergency repairs; for $9,050, $9,500, and $9,850.
• Appointed Commissioner Nick Picerno to serve on the Workforce Development Committee.
• Approved the following budget amendments:
- $103,059 increase in grant funding to Department of Social Services for crisis intervention heating and cooling energy assistance; and $16,192 increase in grant funding to Department of Social Services to administer the program
- $1,901 increase in grant funding to Moore County Health Department to purchase immunization kits and improve outreach
- $43,712 increase in grant funding to Public Safety to repair the mobile EOC roof and for purchases of additional equipment for the EOC
- $10,789 increase to the JCPC ARRA [juvenile justice and delinquency prevention] grant
