070609mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
July 6, 2009
The Harnett County Board of Commissioners met in regular session on Monday, July 6, 2009, in
the Commissioners Meeting Room, County Administration Building, 102 East Front Street,
Lillington, North Carolina.
Members present:
Timothy B. McNeill, Chaimtan
Beatrice B. Hill, Vice- Chaiiivan
Dan B. Andrews
Jim Burgin
Members absent: Gary House
Staff present: Scott Sauer, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Sylvia Blinson, Finance Officer
Gina Daniel, Acting Clerk
Chairman Timothy B. McNeill called the meeting to order at 9:00 am.
Commissioner Jim Burgin led the pledge of allegiance and invocation.
Chairman McNeill called for additions and deletions to the published agenda. Commissioner
Burgin asked to pull Items 4E and 4G from the consent agenda for discussion purposes. These
items were placed under Agenda Item 7 as 7A and 7B.
Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews
seconded the motion and it passed unanimously.
Vice - Chairman Hill moved to approve items on the amended consent agenda. Commissioner
Burgin seconded the motion and it passed unanimously.
Budget amendments:
1 Parks & Recreation
Code 110- 8200 - 450.74 -75 Capital Outlay — Lease Expense 24,291 increase
110- 8200 - 450.75 -10 Capital Outlay — Lease Exp. Interest 3,838 increase
110 - 0000 - 399.00 -00 Fund Balance Appropriated 28,129 increase
2. Tax refunds and releases (Attachment 1)
3 Resolutions to add Lonnie Betts Drive, Fieldstone Drive, Quail Hollow Road,
Knollwood Road, Fern Ridge Drive, Green Links Drive, Sunrise Court Road and
Fox Run Road to the state system. (Attachment 2)
4. Marion Hobbs asked to withdraw his Petition for Zoning Case Number 08 -699.
5. The Harnett County Retired Senior Volunteer Program of the Department of
Aging requested approval to accept grant funds in the amount of $40,804 from the
Corporation for National and Community Service.
6. Request by the Carolina Lakes Property Owners Association to change the speed
limits within Carolina Lakes Sub - division on Carolina Way from 35 miles per
hour to 25 miles per hour. Session Law 2006 -260 House Bill 601 requires any
proposed change in the speed limit shall be submitted to the and approved by the
Harnett County Board of Commissioners.
7. Request to amend Personnel Ordinance Article VI. Leave of Absence Section 30.
Volunteer Leave include the following paragraph. Section 30. Volunteer
Leave/Parent Involvement Leave. In compliance with NC General Statue 95-
28.3. Leave for Parent Involvement in Schools, an employee who is a parent,
guardian, or person in standing in loco parentis of a school -aged child will be
allowed to use four house administrative leave to attend or otherwise be involved
at that child's school. Volunteer Leave/Parent Involvement Leave shall be
mutually agreed upon by supervisor and the employee. The supervisor may
require the employee to provide request 48 hours before the desired leave.
The employee may be required to provide documentation of use of volunteer of
parent involvement leave.
8. The Register of Deeds requested approval of their proposed records retention and
disposition schedule in accordance with the provisions of Chapters 121 and 132 of
the G. S. of NC. The last schedule was issued August 15, 2003 and was never
approved by Harnett County.
9. Requested approval of certification statement for the Rural Operating Assistance
Program (Attachment 3)
Informal Comment
1. Eric Benson, Coats, spoke about the extra meeting pay for commissioners
2. Floyd Hein. Lillington, spoke about damage to his property by and dispute with Public
Utilities.
Commissioner Andrews moved to approve the appointments listed below. Vice - Chairman Hill
seconded the motion and it passed unanimously.
Adult Care Home Community Advisory Committee
Peggy A. Smith - McDonald, appointed for a one -year term to expire July 31, 2010
Nominated by Vice - Chairman Hill
City of Dunn Planning Board — Extraterritorial Area
Renee Jackson appointed for a three -year term to expire June 30, 2012
Nominated by Commissioner Andrews
Jury Commission
Edith Cox appointed for a two -year tempi to expire August 31, 2011
Nominated by Commissioner Andrews
Juvenile Crime Prevention Council
Carl Davis - appointed for a two -year teiiu to expire May 31, 2011
Nominated by Commissioner Andrews
The Commissioners directed Gina Daniel to post vacancies for the Adult Care Home Community
Advisory Committee and the Nursing Home Community Advisory Committee in the local paper.
Chairman McNeill administered the oath of office for Tax Administrator to William A. (Tony)
Wilder as he was sworn in.
Commissioner Burgin moved to approve a Reimbursement Resolution, not to exceed $125,000,
to allow the County to reimburse itself for expenses associated with the West Harnett Library
from loan proceeds. Chairman McNeill said this project is basically on hold. Commissioner
Andrews seconded the motion which passed unanimously (Attachment 4)
Mrs. Blinson explained that the consulting services agreement requested by the Finance
Department would create an indirect cost plan; which is looking at services departments provide
for other departments. The county then uses those indirect cost plans for reimbursement by the
state for administrative costs. Commissioner Burgin moved to approve the consulting services
agreement with MGT of America. Vice - Chairman Hill seconded the motion and it passed
unanimously.
Mr. Sauer called on Mr. Wayne Robinson with Central Carolina Community College to report to
the board on regarding recent damage and vandalizing to four air - conditioning units on the
Harnett County campus.
Mr. Sauer announced the Workforce Development Board Meeting at 6:00 pm on Thursday, July
9 at the CCCC Harnett County campus.
Mr. Sauer reminded the Board of Commissioners of the upcoming joint session with the Board
of Education at 10:00 am on Tuesday, July 7 in the Board of Commissioners meeting room as
well as a work session schedule for Friday, July 10, 2009 at 10:00 am.
Commissioner Burgin asked for clarification regarding Mr. Sauer's budget message delivered on
June 1, 2009.
Commissioner Burgin asked staff to prepare a report showing the total number of county
employees and the total number of vehicles owned by the county and how they are used. He
questioned the preparation and distribution of certain documents introduced at prior board
meetings. Commissioner Burgin also inquired about the status of a report showing how much
money was paid to local companies and vendors in recent capital projects for the county.
Vice Chairman Hill moved to go in to close session for the following purpose: To discuss
certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143 -
318.11(a) (6). Commissioner Andrews seconded the motion and it pass unanimously. The
Board went in to closed session at 9:37 am.
At 10:03 am Commissioner Andrews moved for the Board to come out of closed session.
Commissioner Burgin seconded the motion and it passed unanimously.
Chairmen McNeill opened the floor for discussion of new business.
Commissioner Burgin requested staff prepare an overtime report for the last 6 months and start a
review of the county's contract and review process. He also asked that the Harnett County
Commissioners consider meeting with commissioners from surrounding counties to look at
possibly pooling resources including personnel and equipment.
Last, Commissioner Burgin called for review of Chairman McNeill's actions and statements
pertaining to the $500 recreation tax at an April 2009 meeting in Raleigh of the Local
Government I Committee of the N.C. General Assembly.
There being no further business, at 10:06 am, Commissioner Andrews moved to recess the
meeting until 10:00 am on Tuesday, July 7, 2009 when the commissioners will meet jointly with
the Harnett County Board of Education. Vice Chairman Hill seconded the motion and it passed
unanimously.
Timothy
R�r
McNeill, C airman
Gi
Margaret Regina Dan 1, Acting Clerk
Attachment 1
.1/4 proved by the L 13rnett
County Beard of Cornmissianef3
Board Report
Date : 07/06/2009
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
Approved
--0
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
No. Name of Tax Payer Sill d Tax, Interest and. Total Request
Penalties Refund Status
1 BAILEY - REMCHAK, RHONDA LEE City()
94 HOLLY RIDGE RD
ANGIER, NC, 27501 - 6853
2 BROWN, MARIO LEANDRO
405 CIRCLE DR
ANGIER, NC, 27501 - 9286
3 CITICORP VENDOR FINANCE INC
PO BOX 165929
IRVING TX 75016 -5929
IRVING TX, 75016 - 5929
4 HUMPHREY, SHARONDA EVETTE
52 MORGANTON CT
CAMERON, NC 283269060
CAMERON, NC, 28326 - 9060
5 PORTER, JESSE J
PORTER, EVELYN T
11 QUAIL HOLLOW
CAMERON NC, 28326 - 9368
6 PORTER, JESSE J
PORTER, EVELYN T
11 QUAIL HOLLOW
CAMERON NC, 28326 - 9368
7 PORTER, JESSE J
PORTER, EVELYN T
11 QUAIL HOLLOW
CAMERON NC, 28326 - 9368
8 PORTER, JESSE J
PORTER, EVELYN T
11 QUAIL HOLLOW
CAMERON NC, 28326 - 9368
9 PORTER, JESSE J
PORTER, EVELYN T
11 QUAIL HOLLOW
CAMERON NC, 28326 - 9368
KEITH FAULKNER
Revenue Administrator
CC:
KEITH FAULKNER
0001657741- 2009- 2008- 000000
0001557131- 2007- 2007- 000000
0001391137- 2007- 2007- 000000
0001566047- 2008- 2008- 000000
0000043293- 2004- 2004- 000000
0000043293- 2005- 2005- 000000
0000043293- 2006- 2006- 000000
0000043293- 2007- 2007- 000000
0000043293- 2008- 2008- 000000
8.16
County 0.00
City(CI04) 103.16
County 149.08
City 0.00
County 164.48
City 0.00
County 190.63
City 0.00
County 450.32
City 0.00
County 450.32
City 0.00
County 450.32
City 0.00
County 450.32
City 0.00
County 450.32
City Total
County Total
Total to be
Refunded
8.16 Refund
252.24 Refund
Situs Correction
Military
Exemption
Property not in
164.48 Refund Harnett County
Military
190.63 Refund Exemption
450.32 Refund
450.32 Refund
450.32 Refund
450.32 Refund
450.32 Refund
111.32
2,755.79
2,867.11
Value Decrease
Value Decrease
Value Decrease
Value Decrease
Value Decrease
Board Report
Date : 07/06/2009
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
iif-`proved by he H: rnet't
County Ei ar:: vs. CornrifissiorierS
flats
//% -. rprip,
Approved By
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
Na. ? Name of Tax Payer Bill Tax, rest Total R eq
ues
end Penalties.; Refund -,:, Stab
1 WATKINS, DONALD GREGORY City 0.00
WATKINS, STEFANIE COUNCIL
60 RIDGE COURT
FUQUAY VARINA NC, 27526 - 0000
2 WATKINS, DONALD GREGORY
WATKINS, STEFANIE COUNCIL
60 RIDGE COURT
FUQUAY VARINA NC, 27526 - 0000
3 WATKINS, DONALD GREGORY
WATKINS, STEFANIE COUNCIL
60 RIDGE COURT
FUQUAY VARINA NC, 27526 - 0000
4 WATKINS, DONALD GREGORY
WATKINS, STEFANIE COUNCIL
60 RIDGE COURT
FUQUAY VARINA NC, 27526 - 0000
5 WATKINS, DONALD GREGORY
WATKINS, STEFANIE COUNCIL
60 RIDGE COURT
FUQUAY VARINA NC, 27526 - 0000
KEITH FAULKNER
Revenue Administrator
CC:
KEITH FAULKNER
0000057021- 2004- 2004- 000000
0000057021- 2005- 2005- 000000
0000057021- 2006- 2006- 000000
0000057021- 2007- 2007- 000000
0000057021- 2008- 2008- 000000
County 753.97
City 0.00
County 753.97
City 0.00
County 753.97
City 0.00
County 753.97
City 0.00
County 761.47
City Total
County Total
Total to be
Refunded
753.97 Refund
753.97 Refund
753.97 Refund
753.97 Refund
761.47 Refund
0.00
3,777.35
3,777.35
Value Decrease
Value Decrease
Value Decrease
Value Decrease
Value Decrease
Attachment 2
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, requests that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street:
Austin Farms Subdivision
Lonnie Betts Drive
Duly adopted this 6th day of July, 2009.
ATTEST:
HARNETT COUNTY BOARD OF COMMISSIONERS
Marg. j-t Regina D
Acting Clerk to the Board
dige
T. y B. McNeill, Chairman
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, requests that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street:
Fieldstone Farms Subdivision
Fieldstone Drive
Duly adopted this 6th day of July, 2009.
HARNETT COUNTY BOARD OF COMMISSIONERS
Ad -Ca
Tim B. McNeill, Chairman
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, requests that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed streets:
Carolina Seasons Subdivision
Quail Hollow
Knollwood
Fern Ridge Drive
Green Links Drive
Sunrise Court
Fox Run
Duly adopted this 6th day of July, 2009.
I •
ATTEST:
111 ti.
MargarfRegina Dam
Acting lerk to the Board
HARNETT COUNTY BOARD OF COMMISSIONERS
id. Mai,
B. McNeill, Chairman
Attachment 3
CERTIFIED STATEMENT
FY 2010
County of
RURAL OPERATING ASSISTANCE PROGRAM
Whereas Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North
Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency
responsible for administering all federal and/or state programs related to public transportation, and grants
NCDOT authority to do all things required in applicable federal and/or state legislation to properly
administer the public transportation programs within the State of North Carolina;
WHEREAS, G.S. 136 -44.27 established the Elderly and Disabled Transportation Assistance Program;
WHEREAS, funds will be used for transportation related expenditures as specified in the FY2010 Rural
Operating Assistance Program (ROAP) application;
WHEREAS, information regarding use of the funds will be provided at such time and in such a manner as
NCDOT may require;
WHEREAS, it is the policy of the North Carolina Department of Transportation that Disadvantaged
Business Enterprises, Minority Owned Business Enterprises and Women Owned Business Enterprises
shall have the opportunity to participate in the performance of contracts financed in whole or part by
Federal and State funds in order to create a level playing field, and the county shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this contract.
WHEREAS, ROAP funds will be used to provide eligible services during the period July 1, 2009 through
June 30, 2010;
WHEREAS, any interest earned on ROAP funds will be expended for eligible program uses as specified
in the ROAP application; and
WHEREAS, the County will include ROAP funds received and expended in its annual independent audit
on the schedule of federal and state financial assistance. Funds passed through to other agencies will be
identified as such.
This is to certify that the undersigned is duly elected, qualified and acting chairperson of the
Board of County Commissioners of the County of Harnett North Carolina, and that the following
statements are true and accurate:
Check the box if the county's application includes a request for funding.
Elderly and Disabled Transportation Assistance Program
1. The funds received from G.S. 136 -44.27 will be used to provide transportation services for the elderly
and disabled allowing individuals to reside for a longer period in their homes, thereby enhancing their
quality of life.
2. The funds will not be used to supplant or replace existing federal, state or local funds designated to
provide elderly and disabled transportation services in the county.
Employment Transportation Assistance Program
1. The funds will be used to assist transitional Work First participants after eligibility for cash assistance
has concluded, participants in local Workforce Development Programs, and/or the general public with
employment- related transportation needs
2. The funds will be suballocated to the local Department of Social Services, Work Force Development
Program or the community transportation system for employment transportation.
3. The funds will be transferred to the Elderly and Disabled Transportation Assistance Program or the
Rural General Public Program after an assessment of employment transportation needs in the service
area indicates that employment transportation needs are substantially being met. This assessment will
occur prior to any transfer of funds and following submission of a statement to that effect from the
County Manager to the Public Transportation Division.
Rural General Public Program
1. The funds will be limited to use by the community transportation system
2. The funds will not be used to provide human service agency trips.
3. The funds will be used to provide transportation to residents in the non - urbanized area of the county.
Supplemental Elderly and Disabled Transportation Assistance Program
1. The funds will be used according to the eligibility criteria and restrictions provided in the EDTAP
Guidelines.
2. The funds will be used to initiate new or expanded services or continue a service that began operating
after July 1, 2006 with Supplemental EDTAP funds as the funding source.
Supplemental Employment Transportation Assistance Program
1. The funds will be used according to the eligibility criteria and restrictions provided in the EMPL
Guidelines.
2. The funds will be used to initiate new or expanded services or continue a service that began operating
after July 1, 2006 with Supplemental EMPL funds as the funding source.
Supplemental Rural General Public Program
1. The funds will be used according to the eligibility criteria and restrictions provided in the RGP
Guidelines.
2. The funds will be used to initiate new or expanded services or continue a service that began operating
after July 1, 2006 with Supplemental RGP funds as the funding source.
WITNESS my hand and official seal, this 41,441 day of T411, 20 0 .
Attest:
w
ad A Ira
Signature,lt and of County -Signature, County Manager /Administrator
Commissioners Chairperson "
Print Name: Timothy R. McNei 11'
Print Name: Scott Sauer
Attachment 4
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina was
held on Monday, July 6, 2009, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett
County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill,
Chairman of the Board of Commissioners of the County of Harnett, North Carolina (the "Board"),
presiding and the following Commissioners present:
The following members were present: Timothy B. McNeill, Chairman
Beatrice B. Hill, Vice - Chairman
Jim Burgin, Commissioner
Dan Andrews, Commissioner
The following members were absent: Gary House, Commissioner
Also present: Scott Sauer, County Manager
Tony Wilder, Deputy County Manager
Sylvia Blinson, Finance Officer
Dwight Snow, County Attorney
Gina Daniel, Acting Clerk to the Board
Commissioner Burgin moved that the following resolution (the "Resolution"), a copy of which
was available with the Board and which was read by title:
RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE
INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO REIMBURSE ITSELF FOR
CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION,
CONSTRUCTION, EQUIPPING AND FURNISHING OF THE HARNETT COUNTY WEST
BRANCH LIBRARY FROM THE PROCEEDS OF CERTAIN TAX - EXEMPT OBLIGATIONS TO
BE EXECUTED AND DELIVERED IN CALENDAR YEAR 2010.
WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") has determined that it is in the best interests of the County to construct, furnish
and equip the Harnett County West Branch Library in the Western Harnett Industrial Development Park
(the "Project');
WHEREAS, the County presently intends, at one time or from time to time, to finance all or a
portion of the costs of the Project with proceeds of tax - exempt obligations and reasonably expects to
execute and deliver its tax - exempt obligations (the "Obligations') to finance, or to reimburse itself for, all
or a portion of the costs of the Project; and
PPAB 1579743v1
WHEREAS, the County desires to proceed with the Project and will incur and pay certain
expenditures in connection with the Project prior to the date of issuance of the Obligations (the "Original
Expenditures'), such Original Expenditures to be paid for originally from a source other than the proceeds
of the Obligations, and the County intends, and reasonably expects, to be reimbursed for such Original
Expenditures from a portion of the proceeds of the Obligations to be executed and delivered at a date
occurring after the dates of such Original Expenditures;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of
Harnett, North Carolina as follows:
Section 1. Official Declaration of Intent. The County presently intends, and reasonably expects,
to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date
occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the
Obligations. The County expects that the maximum principal amount of tax- exempt obligations
reasonably expected to be executed and delivered, as part of the Obligations, for the Original
Expenditures with respect to the Project to be reimbursed will not exceed $125,000.
Section 2. Compliance with Regulations. The County adopts this Resolution as a declaration of
official intent under Section 1.150 -2 of the Treasury Regulations promulgated under Section 103 of the
Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the
Original Expenditures from proceeds of the Obligations.
Section 3. Itemization of Capital Expenditures. The Finance Officer of the County, with advice
from special counsel, is hereby authorized, directed and designated to act on behalf of the County in
determining and itemizing all of the Original Expenditures incurred and paid by the County in connection
with the Project during the period commencing on the date occurring 60 days prior to the date of adoption
of this Resolution and ending on the date of issuance of the Obligations.
Section 4. Effective Date. This Resolution is effective immediately on the date of its adoption.
On motion of Commissioner Burgin, seconded by Commissioner Andrews, the foregoing
resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE
INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL
EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, EQUIPPING AND
FURNISHING OF THE HARNETT COUNTY WEST BRANCH LIBRARY FROM THE PROCEEDS OF CERTAIN
TAX - EXEMPT OBLIGATIONS TO BE EXECUTED AND DELIVERED IN CALENDAR YEAR 2010" was duly
adopted by the following vote:
AYES: FOUR
NAYS: NONE
PPAB 1579743v1
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
)
)
ss:
I, MARGARET REGINA DANIEL, Acting Clerk to the Board of Commissioners of the County of
Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a
resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE
INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL
EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, EQUIPPING AND
FURNISHING OF THE HARNETT COUNTY WEST BRANCH LIBRARY FROM THE PROCEEDS OF CERTAIN
TAX- EXEMPT OBLIGATIONS TO BE EXECUTED AND DELIVERED IN CALENDAR YEAR 2010" adopted by
the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 6th day of
July, 2009.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 6th
day of July, 2009.
PPAB 1579743v1
MARGARE REGINA DAN
Acting C • rk to the Board
County of Harnett, North Carolina