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090407m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 4, 2007 The Harnett County Board of Commissioners met in regular session on Tuesday, September 4, 2007, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Tim McNeill Gary House Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, County Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 9:00 a.m. and Commissioner McNeill led the pledge of allegiance and prayer. Vice Chairman Hill moved to approve the agenda as published. Commissioner Andrews seconded the motion and it passed unanimously. Upon motion by Commissioner McNeill and seconded by Commissioner House, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, August 20, 2007 2. Budget amendments: 50 Youth Services – Restitution (Fund 110 – General) Code 110-0000-331.77-02 Grant-CBA Juvenile Restitution 9,000. decrease 110-0000-399.00-00 Fund Balance Appropriated 9,000. increase 51 Interfund Transfer (Fund 110-General) Code 110-0000-389.43-09 Interfd. Transfer-Airport Old Stage Road 500,000. increase 110-0000-399.00-00 Fund Balance Appropriated 500,000. decrease 53 Public Utilities (Fund 531-HCDPU) Code 531-9025-431.43-19 Distribution-Maintenance & Repair System 160,000. increase 531-0000-399.00-00 Fund Balance Appropriated 160,000. increase 56 General Services (Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 588. increase 110-4600-410.43-21 Maintenance & Repair – Auto 588. increase 58 EMS (Fund 110-General) Code 110-5400-420.74-75 Capital Outlay 23,500. increase 110-0000-399.00-00 Fund Balance Appropriated 23,500. increase 3. Tax Refunds (Attachment 1) 4. Mid-Carolina Area Agency on Aging budget amendment #2 to facilitate the movement of funds necessary for Closeout of FY 2006-2007. The amendment includes the movement of funds within Harnett County Department on Aging and Harnett County Department of Social Services as well as the addition of funds released to Harnett County from Cumberland and Sampson Counties: County Services Summary, DOA-731, Amendment #2 Provider Services Summaries, DOA-732 (4 total) 5. Authorized waiver of building permit fees associated with the construction of a house to be built by the Construction Technology Class at Western Harnett High School. 6. Resolution to participate in the North Carolina Local Government Debt Setoff Program (Attachment 2) 7. Agreement with Tim McKinnie & Associates, Inc. to complete the FY 2007 Emergency Medicaid Cost Report. The County agrees to pay the consultant a sum not to exceed $450.00 for the services, which shall include all expenses incurred. 8. Authorize award of bid for six law enforcement vehicles to Capital Ford, Raleigh. The Sheriff’s Department requested bids from five dealerships in Harnett County and Capital Ford in Raleigh. Three dealerships responded: Capital Ford, Raleigh $20,600. each for a total of $123,600. Dunn Benson Ford, Dunn 22,772. each for a total of $136,632. John Hiester, Lillington 25,399. each for a total of $152,394. 9. Pay Tel Communications, Inc. - Inmate Telephone Agreement Addendum Number 1: 3.1 Term. The current term ended December 3, 2006 and will be extended five years, to and including December 3, 2011. At the end of the then current term this agreement shall be automatically renewed for five years unless written notice of intent to terminate is given by either party no more that 120 days and not less than 60 days prior to the expiration of the then current term. Such notice shall be given in strict conformance with Paragraph 8.1 of the Agreement. 4.0 Commissions. The commission payment shall be the following percentages of gross billable revenues: thirty-five percent of the local collect calls, thirty-five percent of intra- lata collect calls, thirty-five percent of the inter-lata intra-state calls, and thirty-five percent of the inter-lata inter-state calls. 10. Change order for Park Construction Contract A2 – decreasing in the amount of $7,213.18. This is the final adjusting change order for this contract and adjusts the quantities of pipe and other appurtenances. (Harnett/Fuquay project) 11. Resolution to add roads in Richmond Park Subdivision to state road system (Attachment 3) Informal comments were provided by the following citizens: - Eric Stevenson, Spring Lake, noted concerns regarding conversations with Sheriff’s Department employees concerning a recent break-in at his home. - Beverly Brookhart, Tingen Road, Carolina Lakes area, noted concerns with odor from a spray field in her neighborhood. - Gareth Brookhart, Tingen Road, Carolina Lakes area, same subject as Mrs. Brookhart - Gary Ross, Forest Ridge Subdivision, expressed his concerns regarding issues associated with Forest Ridge Subdivision. Commissioner McNeill moved for the appointments listed below. Commissioner Andrews seconded the motion and it passed unanimously. Nursing Home Community Advisory Committee Diane Sisk (nominated by Vice Chairman Hill) for a 3-year term to expire 9-30-10 Mid-Carolina Workforce Development Board Russell Hieb (nominated by Commissioner Andrews) for a 2-year term To expire 9-30-08 Joseph Jeffries, Planning Director, presented a proposed Zoning Ordinance text amendment: - Article VI districts & Regulations, Sections 4.0-8.0, 10.0 (Compatibility design concept) Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. General comments regarding the proposed amendment were received from the following citizens: 1. Joe Godwin, Benson 2. Mickey Bennett, Lillington 3. Gary Ross, Forest Ridge Subdivision 4. Dale Short, Fayetteville 5. Billy Wellons, Fayetteville There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution approving the Zoning Ordinance amendment as presented. Commissioner Andrews seconded the motion and it passed 4 to 1 with Commissioner House casting the dissenting vote. (Attachment 4) Mr. Jeffries presented a proposed Zoning Ordinance text amendment: - Article X Planned Unit Development, Sections 1.0-4.0 (design standards) Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. Comments regarding the proposed amendment were received from Rebecca Davidson, attorney representing David Levinson, Anderson Creek Club, who asked that the records reflect that the Anderson Creek Club has gone beyond the requirements and the proposed changes will not affect Anderson Creek Club plans. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Andrews moved to adopt a resolution approving the Zoning Ordinance amendments as presented. Vice Chairman Hill seconded the motion and it passed 4 to 1 with Commissioner House casting the dissenting vote. (Attachment 5) Mr. Jeffries presented a proposed amendment to the Subdivision Ordinance: - Article VI, Improvements, Section 6.1.4, Article V, Design Standards, Sections 5.12.5.15 (open space, recreation, etc.) Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. Comments regarding the proposed amendment were received from the following citizens: 1. Mickey Bennett, Lillington 2. Craig Matthews, Coats 3. Billy Wellons, Fayetteville There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution approving the Subdivision Ordinance amendment as presented with deletion of tree requirement on residential streets. Trees will be required on major entrance streets only. Vice Chairman Hill seconded the motion and it passed 4 to 1 with Commissioner House casting the dissenting vote. (Attachment 6) Mr. Jeffries presented a proposed amendment to the Water Supply Watershed Management and Protection Ordinance: - Article 200, Section 202.A (number of dwelling units per acre) Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Andrews moved to adopt a resolution approving the amendment as presented. Vice Chairman Hill seconded the motion and it passed unanimously. (Attachment 7) Jerry Blanchard, General Services Director, stated that a public hearing was held regarding Harnett Area Rural Transit System (HARTS) funding on July 2, 2007. A second public hearing is required by state and federal regulations for supplemental funds that were not included in the original application. Allocated funds total $189,209.00 with 10% match for rural general public funds. Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Marshall Page, Chairman, Lillington Alcoholic Beverage Control (ABC) Board, noted that the Town of Lillington plans to build a new building for the ABC store. They are requesting that permit fees related to the project be waived (approximately $4,000). The matter will be placed on the agenda for consideration at the next Board of Commissioners meeting. Neil Emory, County Manager, presented a request from the Sheriff’s Department for reclassification of a current position, Corporal, pay grade 68, to be changed to Sergeant, pay grade 70. Commissioner Andrews moved to approve the request. Commissioner McNeill seconded the motion and it passed 4 to 1 with Vice Chairman Hill casting the dissenting vote. Mr. Emory presented a request from the Library to reclassify a current Part-time Regular position Library Assistant, Grade 57 to Part-time Regular Library Specialist, Grade 61 to serve as the Branch Manager of the Coats Library, as a part of the agreement with Town of Coats for operation of that municipal library. Commissioner McNeill moved to approve the request. Commissioner House seconded the motion and it passed unanimously. Mr. Emory presented a proposed amendment to the Personnel Ordinance, Article VI. Leaves of Absence to include accrual rates for Emergency Medical Service 9 hour and 10 hour shifts (Section 6 & 13) and to remove 240 hour cap of vacation payout upon termination, retirement or death (Sections 7, 10, & 11). Commissioner McNeill moved to approve the amendments as presented. Commissioner House seconded the motion and it passed unanimously. Mr. Emory presented an updated Classification and Grade Table to implement changes suggested by MAPS Classification Study regarding salaries. Employees in positions that are reclassified to a higher grade will receive a 5% per grade increase. Commissioner McNeill moved to approve the updated Classification and Grade Table as presented. Commissioner Andrews seconded the motion and it passed unanimously. Departmental reports were filed with the Board from Veterans Service and Finance Office. (Attachment 8) Mr. Emory announced the annual NC Department of Transportation Litter Sweep Roadside Clean-up, September 15-29. Vice Chairman Hill moved that the Board go into closed session for the following purpose: To instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a) (5). Commissioner Andrews seconded the motion and it passed unanimously. Commissioner McNeill moved for the Board to come out of closed session. Vice Chairman Hill seconded the motion and it passed unanimously. There being no further business, Commissioner McNeill moved to adjourn. Vice Chairman Hill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, September 4, 2007, adjourned at 11:10 a.m.