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05031993 -- 148 Ne>te: 15DOJld PI Z<f IC.. ~ 0 A~ :27~/?73 -f~JOI HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MAY 3, 1993 The Harnett County Board of Commissioners met in regular session on Monday, May 3, 1993, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina. Members present: H. L. Sorrell, Jr., Chairman I Beatrice Bailey Hill, Vice-Chairman Dan B. Andrews Joseph T. Bowden Walt Titchener Staff present: Neil Emory, County Manager Tony Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer & Clerk to the Board Kay S. Blanchard, Recording Secretary Chairman Sorrell called the meeting to order at 9 a.m. and Commissioner Andrews offered the invocation. Commissioner Andrews moved to approve the agenda as published. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Upon motion made by Commissioner Hill and seconded by Commissioner CONSENT AGENDA Andrews, the Board voted unanimously to approve the following items from the Consent Agenda: MINUTES: Regular Meeting, April 19, 1993 BUDGET AMENDMENTS: Public Utilities (Southwest) Code 37-9006-016 Maintenance & Repair-Equip. 1,200. increase 37-9006-017 Maintenance & Repair-Vehicles 500. increase 37-9006-034 Chemicals 2,800. increase Revenue: 37-3740-006 Tap-On Fees, Southwest 4,500. increase I Public Utilities (Northeast Metro) Code 32-9001-016 Maint. & Repair-Equip. 8,500. increase 32-9001-033 Materials & Supplies 250. increase ... Revenue: 32-3712-013 Water Fees-Fuquay Bulk 8,750. increase Public Utilities (Buies Creek-Coats) Code 33-9002-016 Maint. & Repair-Equip. 1,200. increase 33-9002-017 Maint. & Repair-Vehicles 500. increase Revenue: 33-3990-002 Unappro. Fund Bal.-Sewer 1,700. increase Public Utilities (Buies Creek-Coats) Code 33-9002-004 Professional Services 5,000. increase Revenue: 33-3990-002 Unappro. Fund Bal.-Sewer 5,000. increase Public Utilities (Northeast Metro) Code 32-9001-074 Capital Outlay-Equipment 12,500. increase Revenue: 32-3990-001 Unappro. Fund Bal.-Water 12,500. increase Solid Waste Manaqement Code 58-6600-016 Maint. & Repair-Equip. 7,500. increase 58-6600-045 Contracted Services 7,500. increase 58-6600-074 Capital Outlay-Equip. 15,000. decrease Sheriff's Department Code 10-5100-074 Capital Outlay-Equip. 13,500. increase 10-5100-033 Materials & Supplies 4,031. increase 10-5100-036 Uniforms 2,000. increase 10-5100-056 Crime Prevention 1,000. increase Revenue: 10-3480-0502 Control Substance Tax 20,531. increase Sheriff's Department I Code 10-5100-056 Crime Prevention 933. increase Revenue: 10-3350-000 Miscellaneous Revenues 933. increase Social Services Code 10-7710-1500 Crisis Intervention 10,969. increase 10-7710-1570 JOBS 293,054. decrease 10-7710-0650 AFDC-FC 25,000. increase 10-7710-1410 AA & AD 40,000. increase 10-7710-1420 Medicaid 75,000. increase 10-7710-061 Day Care-Children 200,000. increase 10-7710-1530 Adoption Ass't IV-E 500. increase Revenue: 10-3480-0010 Social Services Admin. 10,969. increase 10-3990-000 Fund Balance-Appro. 173,313. decrease 10-3480-0017 Foster Care IV-E 20,759. increase 10-3480-0027 Day Care 200,000. increase ""';"~""""j,..,'~'''I''5''< ~""''''''''',,!,.''7'''''~--'<'.~'''''l 149 APPOINTMENT OF BILLY APPOINTMENT: Billy Surles, Angier, to Northeast Metro Board (See SURLES TO METRO BOARD resolution at end of minutes as Attachment 1) BUDGET ORD. FOR COOPERA- BUDGET ORDINANCE: Cooperative Extension Special Trust Fund (Copied TIVE EXTENSION in full at the end of minutes as Attachment 2) I Informal comments were provided by the following citizens: INFORMAL CO~1ENTS 1. Jerry McSwain, President, Habitat for Humanity, 205 Homestead Road, Angier, briefed the Board on process for Habitat for Humanity projects including selection of families, building plans selection, and site selection. 2. Floyd Hein, 6726 Rainey Dr., Spring Lake - concerns regarding Equalization and Review Board meeting 3. Mr. Buie, Cypress Church Road, Vass - concerns with hog operation in his community 4. Tom Cooley, P. O. Box 1858, Lillington - need for 4-laning Highways 421 & 401 in Lillington 5. Charles Meeks, Anderson Creek - concerns regarding Equalization and Review Board meet-lng BRIEFING FROM A.C. Stanley Dempsey, Chief, Anderson Creek Emergency Medical Services, EMS CHIEF requested consideration of extending the boundaries of the Anderson Creek Rescue District and requested that a tax base be established for the rescue district. The Board of Commissioners will take the request under review. Chairman Sorrell stated that the Board would now consider certain matters sitting in its capacity as the governing body of the Buies BUIES CREEK-COATS was Creek-Coats Water and Sewer District of Harnett County. Minutes of DISTRICT MEETING the meeting concerning a public hearing on proposed issuance of General Obligation Sanitary Sewer Refunding Bonds, a resolution approving issuance of General Obligation Refunding Bonds, and a I resolution to confirm maturities and rates of interest of the bonds, Official Statement and related documents regarding sale of bonds, is copied in full at the end of these minutes as Attachment 3. NEW POSITION AUTHORIZED Henry Thompson, Health Department Director, presented for the Board's IN HEALTH DEPARTMENT consideration a request for the establishment of a new position in the Health Department titled Social Worker II for Child Service Coordination. Commissioner Bowden moved that creation of the requested position be authorized as of May 3, 1993. Commissioner Andrews seconded the motion and it passed with a unanimous vote. AMENDMENT TO CAPITAL Jerry Blanchard, Transportation Director, presented for the Board's IMPROVEMENT SCHEDULE consideration a proposed amendment to the Capital Improvement Schedule OF TOP section of the Harnett County Transportation Development Plan. Commissioner Bowden moved for adoption of the amendments as presented. Commissioner Andrews seconded the motion and it passed with a unanimous vote. The amendments are listed at the end of these minutes as Attachment 4. 911 STUDY Tony Wilder, Chairman, Emergency Services Council, presented for the Board's consideration a recommendation from the Council to contract with the firm of Hayes, Seay, Mattern & Mattern, Inc. to conduct a study concerning proposed 911 services in Harnett County. Commissioner Andrews moved for authorization to proceed with the 911 study using the firm of Hayes, Seay, Mattern & Mattern, Inc. Commissioner Bowden seconded the motion and it passed with a unanimous vote. PROCLAMATION FOR Dan Gardner, Emergency Medical Services Director, presented for the "EMERGENCY HEDICAL Board's consideration a proposed proclamation to designate the week of SERVICES WEEK" May 23-29, 1993, as "Emergency Medical Services Week". Commissioner I Bowden moved for adoption of the proclamation. Commissioner Hill seconded the motion and it passed with a unanimous vote. The proclamation is copied in full at the end of these minutes as Attachment 5. CDBG DOCUMENTS FOR Neil Emory, County Manager, presented for the Board's consideration BOYT DIVISION PROJECT documents relating to a Community Development Block Grant for Boyt Division project in the Industrial Development Department. The Board tabled the matter. DELEGATE FOR NACo CONF. Commissioner Titchener moved that Chairman Sorrell be designated as voting delegate from Harnett County at the 1993 NACo Annual Conference to be held in Chicago July 16-20, 1993. Commissioner Hill seconded the motion and it passed with a unanimous vote. 150 RESOLUTION OPPOSING Neil Emory, County Manager, presented for the Board's consideration a INCREASE IN CIGARETTE proposed resolution opposing an increase in the tax upon the sale of TAX cigarettes. Commissioner Bowden moved for adoption of the resolution. Commissioner Andrews seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 6. F.Y. 1993-94 BUDGET Neil Emory, Budget Officer, presented the proposed Harnett County F.Y. MESSAGE 93-94 Budget Message to the Board. Mr. Emory explained in detail a I summary of the proposed budget and stated that the Board would not consider adoption of the budget at this time. He explained that the General Statutes require that the proposed budget, after its presentation, is to lay open for public inspection in the Office of the Clerk to the Board; after which, a public hearing will be held on the proposed budget. After the public hearing, the Budget Ordinance will be presented to the Board for consideration. The Budget Message is copied in full atthe end of these minutes as Attachment 7. Reports were filed with the Board from the Tax Department, Sheriff's Department, Report of Tax Releases, and Veteran's Affairs. TAX REFUNDS Bobby Wicker, Tax Administrator, presented the following tax refund requests: 1. Veola L. Sanders, Rt. 1, Bunnlevel $37.50 2. Juanita B. Douglas, Broadway 37.50 3. Mark J. Kucera, Yonkers, NY 130.95 4. Alvie & Sheryl Benskin, APO AE 36.87 5. Gloria Gulledge, Dunn (1992) 10.73 (1991) 11.14 (1990) 11.21 6. Charles & Betty Underwood, Fuquay-Varina 22.41 7. Anne HOlloway, Buies Creek 37.50 Commissioner Bowden moved for approved of the above listed tax refund requests. Commissioner Hill seconded the motion and it passed with a unanimous vote. EXECUTIVE SESSION Commissioner Hill moved that the Board go into executive session to I discuss litigation and personnel matters. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved that the Board come out of executive session. Commissioner Andrews seconded the motion and it passed with a unanimous vote. RESOLUTION RE: Commissioner Bowden moved for adoption of a resolution concerning a A.C. AUTO PARTS TAX tax matter involving Anderson Creek Auto Parts. Commissioner Hill MATTER seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 8. There being no further business, Commissioner Bowden moved that the Harnett County Board of Commissioners meeting, May 3, 1993, adjourn. ADJOURNMENT Commissioner Andrews seconded the motion and it passed with a unanimous vote. The meeting adjourned at 11:15 a.m. f;:~d / . f:. orreW" Chairman ~ss:f y~~ I(~/'. ~f1/l-d I y S. Blanchard, Recording Sec. ~"--"""-'-'-- C";;'#', t".", " . ~ '~~I~; , ___'___"_'_r~~_. ~ " 151 Attachment 1. RESOLUTION APPOINTING MEMBER TO THE DISTRICT BOARD OF THE I NORTHEAST METROPOLITAN WATER DISTRICT OF HARI..I!..L.L COUNTY WHEREAS, Chapter 162A, Article 4 of the General Statutes of North Carolina, as amended, provides that the Board of Commissioners shall appoint three of the Board members of a duly created Metropolitan Water District; and WHEREAS, the Northeast Metropolitan Water District of Harnett County, North Carolina was duly created on April 14, 1976; and WHEREAS, the term of Robert Surles expires on April 14, 1993. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Billy Surles be and is hereby appointed to the District Board for a term expiring on April 14, 1996. DUL Y ADOPTED THIS THE 3rd day of Mav . 1993. UPON MOTION OF Commissioner Hill . seconded by Commissioner Andrews , as passed by the following vote: Yeas 5 , Nays 0 , Absent 0 , Abstained 0 . HARNETT COUNTY BOARD OF COMMISSIONERS By: N~L tHo L.csorre~ Chairman ATTEST: I ~ 'uJ.'-C/~ / Vanessa W. Youn~ 0 Clerk to the Boar c:metro:22 Attachment 2. COOPBRATIVB 8ft_SIOR SPBCIAL TRUST I'UJID BUDGBT ORDIRAIICB BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina: WHEREAS, the Cooperative Extension Department receives donations for use in special programs provided through the department, including: united Way, ASEP, EFNEP, Summer Fun, 4-H, Key Leaders, State of the Child, caregiver Training, Girls are Great, FCL, FOCUS, Career Smarts, Small Grain, and other special programs, and I WHEREAS, the establishment of the special fund will provide on-going records for these donations and the program expenditures, the Cooperative Extension Special Trust Fund is hereby established. This fund will not close at the end of each fiscal year. Section 1. The following expenditure accounts are hereby established in the Cooperative Extension Special Trust Fund for the fiscal year beginning July 1, 1992 and ending June 30, 1993: United Way ASEP-UW 152 ASEP-Angier Middle ASEP-Anderson Creek Middle ASEP-Benhaven Middle ASEP-Lillington Middle ASEP-Dunn Middle ASEP-Harnett Central Middle I ASEP-Western Harnett Middle ASEP-Erwin Middle EFNEP-Reqular EFNEP-Family Summer Fun 4-H Camp Report to Key Leaders State of the Child Caregiver Training Girls are Great FCL FOCUS Career Smarts Small Grain Misc. Achievement Night Audit Scholarship Fund Clown Troupe I Club Congress - 4H Environmental Field Day Kite Festival Performing Energy Senior Teen Retreat 4-H Leadership SCholarship Fund Clothing Book Forestry Demonstration House Plans RDP-Essay Contest Section 2. The following revenue accounts are hereby established in the Cooperative Extension Special Trust Fund for the fiscal year beginning July 1, 1992, and ending June 30, 1993: United Way ASEP-UW ASEP-Angier Middle ASEP-Anderson Creek Middle ASEP-Benhaven Middle I AS~P-Lillington Middle ASEP-Dunn Middle ASEP-Harnett Central Middle ASEP-Western Harnett Middle ASEP-Erwin Middle EFNEP-Regular EFNEP-Family ---~---------~~ --_.,~--- 153 Summer Fun 4-H camp Report to Key Leaders State of the Child I Caregiver Training Girls are Great FCL FOCUS Career Smarts Small Grain Misc. Achievement Night Audit Scholarship Fund Clown Troupe Club Congress - 4H Environmental Field Day Kite Festival Performing Energy Senior Teen Retreat 4-H Leadership Scholarship Fund Clothing Book Forestry Demonstration I House Plans RDP-Essay Contest 3rd May Adopted this day of , 1993. //~L / H. L. ~orrel~~., Chairman Harnett Coun Board of Commissioners ATTEST: -;;::w:~L~ . Harnett County Board of Commissioners I 154 Attachment 3. EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF THE BUIES CREEK - COATS WAT~' ANQ ~EWER DISTRICT OF HARNETT COUNTY I The Board ~f Commissioners of the County of Harnett, sitting as the governing body of BUles Creek - Coats Water and Sewer District of Harnett County convened in a special session during its meeting held on May 3, 1993 at 9:00 a:m. in the Harnett County Office Building, 102 East Front Street, Lillington, North Carolina. Board Members present were: H.L. Sorrell, Jr., (Chairman), Walt Titchener, Beatrice Bailey Hill, Dan B. Andrews and Joseph T. Bowden. No members were absent. * * * * * The Chairman of the Board of Commissioners of the County of Harnett, sitting as the governing body of Buies Creek - Coats Water and Sewer District of Harnett County, stated that a notice had been published on April 16, 1993 that the Board would hold a pUblic hearing on May 3, 1993 on the District's proposed issuance of General Obligation Sanitary Sewer Refunding Bonds, Series 1993, to provide funds, together with other funds, to pay I and refund the District's outstanding $1,727,000 Sanitary Sewer Bonds, dated June 1, 1984. The Chairman further stated that the project financed by the sanitary Sewer Bonds consists of the construction and installation of waste water facilities, including construction and installation of collection mains, pump stations and metering facilities located throughout the District and upgrading an existing treatment plant located in the District along Buies Creek near the Village of Buies Creek, and required capital expenditures in excess of $1,843,000. Commissioner Andrews moved that the Board proceed to hold a public hearing on the issuance of General obligation Sanitary Sewer Refunding Bonds, Series 1993, to provide funds, together with other funds, to pay and refund the District's outstanding $1,727,000 sanitary Sewer Bonds, dated June 1, 1984. The motion was seconded by Commissioner Titchener and was unanimously adopted. At 9:30 o'clock, A-.M., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the proposed issuance of General Obligation Sanitary Sewer Refunding Bonds, Series 1993, to provide funds, together with other funds, to pay and refund the District's outstanding $1,727,000 Sanitary Sewer Bonds. The names and addresses of the persons who were present, summaries of their oral comments and copies of their written comments are set forth below: No persons came forward. I After the Board had heard all persons who requested to be heard, Commissioner Bowden moved that the public hearing be closed. The motion was seconded by C..""...issioner Andrews and was unanimously adopted. Commissioner Titchener then introduced the following resolution which was read at length: WHEREAS, the Buies Creek - Coats Water and Sewer District of Harnett County is authorized to issue its general obligation bonds to provide moneys for the refunding of outstanding general obligation bonds; and 155 WHEREAS, the Board of commissioners of the County of Harnett, sitting as the governing body of Buies Creek Water and Sewer District (the "District"), pursuant to public notice duly given, has held a public hearing on the advisability of issuing general obligation bonds to provide funds, together with other funds, to pay and refund the District's outstanding $1,727,000 Sanitary Sewer Bonds, dated June 1, 1993 and has considered the comments of persons who requested to be heard; and I WHEREAS, the Board of commissioners of the County of Harnett, sitting as the governing body of the District, desires to approve the issuance of general obligation bonds to provide funds for such refunding; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, as follows: 1. The issuance of general obligation bonds in an aggregate principal amount of $1,880,000 to provide funds, together with other funds, to pay and refund the District's outstanding $1,727,000 General Obligation Sanitary Sewer Bonds, dated June 1, 1984, is hereby approved. 2. This resolution shall take effect immediately upon its passage. Commissioner Titchener moved the passage of the foregoing resolution and Commissioner Bowden seconded the motion, and the resolution was passed by the following vote: AYES: 5 NAYS: 0 * * * * * I B.......ACTS I'ROK HI..\," ..BS OF BOARD 01' COHKISSIONBRS OJ' ..aB C~..~..Y OJ' BAL~....r, SITTING AS ..aB GOIo:....lfING BODY OJ' BUlBS CRBBK WATER AND ~~ D~S'1'R~CT OJ' ~~..~ COw~~l The Board of Commissioners of the County of Harnett, sitting as the governing body of Buies Creek - Coats Water and Sewer District of Harnett County, convened in a special session during its meeting held on May 3, 1993 at 9:00 a.m. in the Harnett County Office Building, 102 East Front Street, Lillington, North Carolina. Board Members present were: H. L. Sorrell, Jr., (Chairman), Walt Ti tchener Beatrice Bailey Hill, Dan B. Andrews and Joseph T. Bowden. No members wer~ absent. * * * * * Commissioner Titchener moved that the following resolution be adopted: WHEREAS, the Local Government commission of North Carolina has informed the Board of Commissioners of the County of Harnett, sitting as the governing body of the Buies Creek - Coats Water and Sewer District of Harnett County (the I "Issuer"), that it has sold in the manner prescribed by law the Issuer's $1,880,000 General Obligation Sanitary Sewer Refunding Bonds, Series 1993, dated May 1, 1993 (the "Bonds"), and that the contract of sale contemplates that the Bonds shall be payable and bear interest as hereinafter provided; and WHEREAS, the proceeds of the Bonds will be used, together with other available funds, to pay and refund Sanitary Sewer Bonds of the Issuer, dated June 1, 1984, and maturing in the years 1993 to 2024, inclusive; and - --- 156 WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, desires to take such actions as are necessary to approve the terms of such sale, to approve the official statement and final official statement circulated in connection therewith and to authorize and/or confirm such other documents and actions contemplated by such sale: NOW THEREFORE, I BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, as follows: 1- The Bonds shall mature on June 1 in the years and principal amounts and bear interest at the rates per annum as follows: Year lfinciDal Amount Interest Rate 1994 $70,000 5.60% 1995 80,000 5.60 1996 85,000 5.60 1997 90,000 5.60 1998 95,000 5.60 1999 100,000 5.60 2000 110,000 5.60 2001 110,000 5.60 2002 110,000 5.60 2003 105,000 5.60 2004 105,000 5.60 2005 105,000 5.60 2006 105,000 5.60 2007 105,000 5.60 2008 105,000 5.60 2009 100,000 5.60 2010 100,000 5.70 2011 100,000 5.70 2012 100,000 5.70 I The provisions of the Board's resolution adopted on April 5, 1993 respecting principal payments are deemed amended to reflect the foregoing schedule of principal payments. 2. The Official Statement dated April 8, 1993 setting forth financial and statistical data in connection with the offering of the Bonds, which was circulated with the Notice of Sale thereof, and the Final Official statement dated April 20, 1993, are hereby approved. In connection with this approval, the Board of Commissioners of the County of Harnett, sitting as the governing body of the Issuer, has examined copies of the Official Statement and the Final Official statement and has, to the extent and in the manner it has deemed necessary, discussed the contents thereof with officers of the administration of the Issuer. The Board of c.........issioners of the County of Harnett, sitting as the governing body of the Issuer, does hereby recite that, upon its examination and discussions, nothing has come to its attention I which would lead it to believe that said Official statement or said Final Official statement contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, provided that the Board makes no recitation with respect to consideration of information supplied by, or which should have been supplied by, the successful bidder for the Bonds. d 157 3. The Chairman of the governing body of the Issuer and the Clerk of the Issuer, the County Manager, the Finance Officer and other officers of the Issuer are hereby authorized and directed to take all other actions necessary in connection I with the sale and issuance of the Bonds and the effectuation of the purposes for which the Bonds are being issued. 4. This resolution shall become effective upon its ., adoption. Commissioner Andrews seconded the motion, and the motion was adopted. The vote on the adoption of the resolution was as follows: AYES: 5 NAYS: 0 , * * * * * * Attachment 4. The Harnett County Transportation Advisory Board request that the Harnett County Board of Commissioners approve the fOllowing amendments to the Harnett County Transportation Development Plah. Page 46' E~<hi bi t 4-1, Capital Improvement Schedule (CIS) , , FY 1992-1993, Item 9, Application Schedule I 1. System # 7905 - Change from FY 94-95 to FY 93-94 ,.., System # 7906 - Change from FY 93-94 to FY 94-95 ..... - System # 7902 - Change from FY 92-93 to FY 93-94 .;;. . 4. System # 7910 - Change from FY 93-94 to FY 95-96 C" System # - Vehicle Expansion .....J. FY 93-94 6. System # - Vehicle Expansion FY 93-94 1 Atch CIS FY 1992-1993 Attachment 5. HARNETT COUNTY NORTH CAROLINA PROCLAMATION TO DESIGNATE THE WEEK OF MAY 23-29, 1993, AS "EMERGENCY MEDICAL SERVICES WEEK" I WHEREAS, Harnett County has developed one of the most comprehensive Emergency Medical Services programs in the state. The progress and growth of Emergency Medical Services has resulted in better equipped and designed ambulances, improved personnel knowledge and skills, more efficient hospital emergency care, programs to educate the public about what to do when confronted with a medical emergency, and more expedient public access when assistance is needed 1 and WHEREAS, Harnett County citizens can be proud of our emergency medical system which provides life-saving treatment and care 24 hours a day. This is made possible by the dedicated team effort of emergency medical technicians, nurses, volunteer rescue squad workers, public safety telecommunicators and administrators who received specialized training to respond quickly and efficiently to emergencies 1 anc 158 WHEREAS, to recognize the value and accomplishments of Emergency Medical Services teams, we set aside a special period to observe this great contribution to our people and county. NOW, THEREFORE, THE HARNETT COUNTY BOARD OF COMMISSIONERS does hereby proclaim May 23-29, 1993, as "Emergency Medical Services Week" and urge our citizens to recognize the critical life-saving care these professionals provide. I Duly adopted this 3rd day of May, 1993. HARNETT COUNTY BOARD OF COMMISSIONERS /~~~ Jr., Chairman ATTEST: ~ 'f.v .~~~ Vanessa W. Young Cle~ Attachment 6. NORTH CAROLINA HARNETT COUNTY RESOLUTION OPPOSING AN INCREASE IN THE TAX UPON THE SALE OF CIGARETTES WHEREAS, the news media has recently contained I extensive publicity of a proposed two dollar per pack federal tax to be imposed upon the sale of cigarettes; and WHEREAS, the production and marketing of tobacco and the manufacture of tobacco products is vital to the economic well-being of Harnett County and the people of eastern North Carolina, and WHEREAS, a large increase in the tax upon tobacco products would be a damaging blow to the entire economy of eastern North Carolina; and WHEREAS, it is the opinion of the Board of Commissioners of Harnett County that it is unfair to single out tobacco for the imposition of increased taxes, and that the proposed increase in tobacco taxes by the United States Government is excessive, unjust and unreasonable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY: ( 1) That the Board of Commissioners of Harnett county does hereby go on record in opposition to the proposed increase in taxes upon the sale of cigarettes by the United States Government. (2) That a copy of this resolution be sent to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and the members of the United States Senate and House of Representatives in Congress from North Carolina. Duly adopted this 3rd day of May, 1993. HARNETT COUNTY BOARD OF COMMISSIONERS .4:.~.( Jr., Chairman I ATTEST: ;/ / ~'-W.~~. Vanessa W. You , Cl rk ...~, . 159 Attacrunent 7. BOARD OF COMMISSIONERS COUNTY MANAGER'S OFFICE H.L. SoRRELL. JR. Chairman NIEJL EMoRY BEATRICE B. HILL. Vice-Chairman WM. A. (TONY) WILDER, Assistant JOSEPH T. BOWDEN DAN B. ANDREWS CLERK TO THE BOARD W AI.. T TtTCHENER VANESSA W. YOUNG I COUNTY OF HARNETT P. O. BOX 759 . LILLINGTON, N.C. 27546 (919) 893.7555 1993-94 BUDGET MESSAGE May 3, 1993 TO: THE HARNETT COUNTY BOARD OF COMMISSIONERS H. L. Sorrell, Jr., Chairman Beatrice B. Hill, Vice Chairman Joseph T. Bowden Walt Titchener Dan B. Andrews The proposed Harnett County Budget for 1993-94 is hereby submitted for review and consideration by the Board of Commissioners. It is my belief this proposal provides the funding necessary to carry out the services provided by county government while also recognizing the financial limitations placed upon us by current economic conditions. This document was developed following individual meetings with each department head and after extensive review by staff. The following budget message notes the budget highlights as they relate to revenue and expenditures. Also, we have provided the Board with as much support documentation as possible. Before begiDiling the budget overview, I would like to thank Vanessa Young, I Finance Director, and Tony Wilder, Assistant County Manager, for their assistance in developing this document. Also, I would like to thank members of the finance and administrative staff who assisted in this effort. General Fund Revenue The 199~-94 budget once again reflects the limited revenues available to county governments. In regards to state and federal reimbursements, the proposed budget is based on the assumption that we will receive all our reimbursements and that no amounts will be withheld by either the state or federal governments. In regards to cash flow, it should be noted that our position is excellent due to the county's past vigilance regarding maintaining a strong fund balance. The following review highlights the status of the major county revenue sources. Ad Valorem Tax - The budget has been developed with a tax collection rate of 96.16%. At a tax rate of $.70, it is projected that current year property tax revenue will total $11,952,933. Sales Tax - This major source of revenue has increased somewhat but for I budgetary purpose, we have estimated a very conservative rate of growth. While the NCACC has suggested growth rates of from 4-6%, we have based our budget upon a growth rate of less than 2%. Fees - The budget proposal does reflect the implementation of 911 fees on phone lines in Harnett County. This charge would not be applied to Dunn residents since they are currently paying a 911 charge. It is estimated that a fee of approximately $1.00 - $1.50 per month would be required. Please note that this revenue would initially be utilized to fund the completion of the ongoing county-wide mapping project. 160 Other fees that are to be increased include environmental health fee increases which have been approved by the Health Board and Planning Department fees. Also, the Public Utilities' Budget provides for increases which are outlined in the support documentation provided. Fund Balance - This proposal contains an appropriation from the General I Fund Balance totaling $1,099,909. While it is our hope that this appropriation can be decreased by the close of the 1993-94 budget year, to accomplish this I must recommend that we appropriate no further funds from this source until some of those funds already appropriated can be replaced. General Fund EXDenditures While expenditures have grown somewhat, the bulk of this growth is due to state and federal mandates. In regards to programs, this budget addresses the most critical needs of our community as we continue to strive to improve services for the citizens of Harnett County. Human Services and Education continue to be our highest priorities. Personnel - It is my belief that a county government can only be effective if it invests in its own personnel. First, funding has been provided for a 3\ cost-of-living increase. Also, funds are available within contingency to guarantee each employee a pay increase of at least $500. Contingency also contains funds which could be utilized to fund special reclassifications or position requests. Second, funding for the I creation of a Personnel Department has been provided for in the budget ($75,000) . If approved, this appropriation would allow the county to put in place a professional personnel department made up of a director and technician. Finally, ever increasing workloads require the creation of the following new positions: Deoartment Emplovee Salary Tax Motor Vehicle Clerk 16,282 Sheriff Deputy 19,416 Deputy (Jan. 1) 9,708 Communications Telecommunicator 17,Ol4 Health SWII Child Ser. Coord. 22,157 . Animal Control Officer I 16,282 Clerk Typist III 14,910 DSS Clerk Typist III 14,9l0 Food Stamp IMCW 17 ,780 Public Utilities Water Quality Technician 15,581 Health Insurance - The ever increasing cost of health care impacts the county budget in many ways. One of these is the health insurance provided to employees. The year will experience a 12\ increase. County Cost County Cost Per Employee Per Employee 92/93 93/94 $208 $233 I Tax Mapping - This will be the final appropriation for the initial phase of this project. As noted, a portion of the cost of this project will be offset by 911 phone charges. (Appropriation $212,400). Public Buildings - While funds have been appropriated to maintain current structures, plans will also go forward to develop new facilities for de?artments such as DSS and Health. ------- -------- -------- ---- n ____ ___ ____u_ ____ ------.---.-- ---------.------.----- 161 Sheriff/Communications/Jail - In addition to the new personnel provided for in these departments, this proposal also provides for nine new vehicles and an increase in medical care in the jail. EMS - It is staffs' intent to continue studying ways to better deliver emergency medical services in our county. These efforts will require I input from all those currently providing emergency services, including rescue squads, county EMS, and the fire departments. The creation of a convalescent crew in January will free our paramedics from those calls from 8 a.m. to 5 p.m. and will allow us to better serve our citizens' convalescent transport needs. Health Department - Once again, funding for an animal shelter has been appropriated ($35,000). It is our hope that we can develop a partnership with the Humane Society, which will allow this project to get underway. This project will be complemented by the creation of the new animal control officer position. Also, the Health Department budget reflects a significant increase in home health services. This increase does not require county funds but should be noted since it does illustrate the ever increasing need for health services due to our aging population. Department of Social Services - This department's budget continues to grow at a fast pace due to ever increasing public assistance costs as well I as personnel needs. The rate of this growth is quite evident when we compare the appropriations for this major line item in 92/93 versus 93/94: 92/93 93/94 Medicaid 1,350,000 1,750,000 AFDC 828,893 817,000 AA/AD 710,116 788,000 While funding for only two employees has been provided for in the budget, as noted, contingency contains funds which might be utilized if personnel needs become pressing and adequate office space can be found to house additional employees. Board of Education - As the largest direct appropriation in the county budget, the public schools play an integral part in this proposal. In the area of current expense, we have provided for a 3% increase ($4,844,347). Capital Outlay also reflects the same rate of growth. In other capital items, the proposed budget contains an appropriation of $500,000 for capital construction and also contains $1,200,000 in sales tax dollars for the capital program. I Solid Waste Fund This enterprise fund has stabilized and become self-supporting in regards to operating expense. It is our intent to place any revenue above and beyond the operating cost into a capital revenue fund which would be needed once the county is required to construct a Subtitle D Landfill Facility. On the expenditure side, this proposal incorporates the closure of the Anderson Creek Landfill and the opening of a convenience center on that site. Also, the budget proposal provides for the purchase of a new compactor for use in the landfill itself. 162 Public Utili ties This proposed budget provides the rate increases as outlined in the schedule provided within the public utilities budget. In regards to expenditures, we should point out that the budget does reflect the increased cost of new water quality regulations. Also, it should be noted that future budgets must be proposed to address expansion plans relating I to both water and sewer services. Conclusion As noted, the proposed budget provides for the delivery of basic services while also reflecting limited revenue growth. It is our belief that this proposal provides a sound financial outline for county operations during the upcoming fiscal year. To conclude, I would also like to thank the department heads for their efforts during this process and again express my appreciation to all of the staff which have contributed to ~o~ .I~ Neil Emory, Budget Officer Attachment 8. RESOLUTION THAT WHEREAS, the tax administrator and the tax attorney have reported to the Board of Commissioners that the tax supervisor's office made discovery of certain personal property taxes for the calendar tax years of 1987, 1988, 1990 and 1992 as a result of the I failure of listing of certain equipment, furniture and fixtures (hereinafter called "the personal property") used in the operation of that certain business known as Anderson Creek Auto Parts and being owned by various taxpayers during the years in question, said discovery having been made pursuant to N.C.G.S.S105-312 and as a result of a notice having been given to the tax collector's office pursuant to N.C.G.S.S105-366 at such time the personal property w~s being sold and transferred in bulk in September, 1992; and WHEREAS, the personal property was previously conveyed to . James Latta and wife, Gladys Latta as a result of a law suit brought by the Lattas as secured party financiers or mortgagees of the purchase of said business by one of the previous owners, said acquisition of the personal property having been made by the Lattas during the year 1992 and after the time said personal property was required to be listed for taxes by the Lattas; and WHEREAS, the discovery of the failure to list said property for taxes for the years above stated was made when the Lattas sold I the property in September, 1992; and WHEREAS, the Lattas filed exceptions to the values placed on the personal property as discovered pursuant to N.C.G.S.S105-312(d) and that the procedure of hearing on said exceptions has progressed to an informal hearing stage with the tax supervisor; and WHEREAS, the Lattas have objected to the listing of the personal property and do contest the existence of any lien by the County of Harnett upon the proceeds of sale of the personal property pursuant to N.C.G.S.S105-366(d); and 163 WHEREAS, the amount of taxes which would be levied as a result of said discovery, together with penalty as provided by N.C.G.S.S105-312 is as follows: I Tax Total Year Taxes penaltv Levv 1987 500.39 300.22 800.61 1988 355.05 177.53 532.58 1990 309.40 92.82 402.22 1992 203.44 20.34 223.78 Total 1368.28 590.91 1959.19 WHEREAS, at the time of the sale and transfer of said personalty in September, 1992, funds necessary to pay the alleged taxes due by the tax collector was withheld by the purchaser as provided in N.C.G.S.S105-366(d) and that since said time, payment of the aforesaid tax levies, personal property taxes and interest for 1989, 1991 and 1992 real property taxes have been paid on behalf of the Lattas under condition of protest; and WHEREAS, the Lattas by and through their attorney, have agreed with the tax administrator and tax attorney to settle the amount due as authorized under N.C.G.S.S105-312(k) and that further the Lattas have made petition to the Harnett County Board of Cv...."issioners asking that the matter be settled upon the payment of $1,041.98 for the discovered taxes; and I WHEREAS, it has been made to appear to the Board of Commissioners that said settlement will be in the best interest of the County in that a continuation of this matter will cause the County to incur further legal fees and the use of employee time for certain employees in the office of the tax collector and tax supervisor; and WHEREAS, a settlement of the matter as aforesaid will constitute a refund from the County of Harnett to the Lattas in the amount of $1,078.50 (refund being necessitated by reason of the funds that were paid to the County tax collector under protest). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1- That pursuant to and as authorized by N.C.G.S.S105-312(k) the offer of settlement made by the Lattas to the County of Harnett Tax Collector as set forth in detail above, be and the same is hereby accepted. 2. That the Harnett County Auditor be and she is hereby authorized to make a refund to the Lattas in the amount of I $1,078.50 and to further cause necessary entries to be made in the County's books of account to properly reflect said refund as a result of the payment of taxes under protest and the corresponding settlement above authorized. 3. That the Harnett County Tax Collector be and he is hereby authorized to do and perform all things necessary to mark his records to properly reflect the settlement of this matter and to 164 make such corrections, if needed, in the books of the account of the tax office to properly reflect the settlement and refund of taxes as herein authorized. 4. That the officials of the County of Harnett be and they are hereby authorized to do and perform all acts and things I necessary to fully accomplish the purpose of this resolution. Duly adopted in regular meeting duly assembled this the 3rd day of May, 1993. Harnett County Board of Commissioners By://~L 1L L. Sorreo/ Jr. , Chairman Attest: Sw.td~n~~ NORTH CAROLINA PETITION HARNETT COUNTY TO: H.L. Sorrell, Jr. , Chairman and Members of the Board of Commissioners of Harnett County North Carolina I The undersigned taxpayers and (prior to September, 1992) owners of certain personal property (equipment, furniture and fixtures being used in the operation of that business known as Anderson Creek Auto Parts hereinafter called lithe personal property II ) hereby petition the Harnett County Board of Commissioners that the taxes due on said personal property mentioned aforesaid for the calendar tax years of 1987, 1988, 1990 and 1992 be settled and compromise pursuant to the provisions of N.C.G.S.S105-312(d) for a total sum of $1,041.98. In consideration of the acceptance of the foregoing offer to settle and compromise and upon acceptance of the foregoing offer by the County of Harnett (action of its Board of Commissioners), the undersigned, by these presents, do hereby: 1. withdraw the exceptions heretofore filed by the undersigned with the Harnett County Tax Supervisor contesting the values of the personal property as listed for said tax years mentioned aforesaid I pursuant to N.C.G.S.S105-312; 2. withdraw the objections of the undersigned to the listing of the personal property for the aforesaid tax years as listed by the tax supervisor under N.C.G.S.S105-312; 165 3. Pay the outstanding personal property taxes listed for the personal property for the years of 1989 and 1991 in the total amount of $857.52 (being the taxes and interest shown on tax bills 89-000065 and 91- I 000792 under tax account 000104401000) and specifically withdraw as to the amount of $857.52 the condition of protest made at the time of previous payment on behalf of the undersigned by W. Glenn Johnson, Attorney for the purchaser of the personal property; 4. Pay the sum of $1,041.98, being the compromise sum being offered by the undersigned (being in full payment of taxes and penalty shown on tax bills 92-- 080014, 92-080015, 92-080016 and 92-080017 under tax account 000104401000) and specifically withdraw as to the amount of $1,041.98 the condition of protest made at the time of previous payments on behalf of the undersigned by W. Glenn Johnson, Attorney for the purchaser of the personal property; 5. Pay the outstanding real property tax on tax parcel No. 010514-0546 in the amount of $1,393.65 and I specifically withdraw as to said amount the condition of protest made at the time of previous payment on behalf of the undersigned by W. Glenn Johnson, Attorney. The undersigned taxpayers further represent to the Harnett County Board of Commissioners that a total sum of $4,371.65 was paid to the Harnett County Tax Collector by W. Glenn Johnson, Attorney but that said payment was made under the condition of protest by the undersigned taxpayers; said payment was made for the purpose of terminating the accrual of any further interest and that the undersigned do further represent to the Board of C,.muuissioners that the offer of compromise as proposed would require a refund by the County of Harnett to the undersigned in the amount of $1,078.50, which refund sum is hereby requested. IN TESTIMONY, whereof, the undersigned have set their hands the day and year first above written. I #"WULL 2". d.J;", ames Latta ~/') ~-t-uL- Gladys Latta Witness: /~ I -I~' - l' .1.-yv...J.A..A- '-(i,.j. C " . Vanessa W. Youn , ~k