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030110mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 1, 2010 The Harnett County Board of Commissioners met in regular session on Monday, March 1, 2010, in the Commissioners Meeting Room, County Administrative Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice- Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Chairman McNeill called the meeting to order at 9:00 am. Commissioner House led the pledge of allegiance and invocation. Chaiiman McNeill called for additions and deletions to the published agenda. It was consensus of the board to add an additional budget amendment to the consent agenda for consideration. Commissioner Burgin asked that the agenda item from the Parks and Recreation Department requesting approval of Barbeque Creek Park Renovation Additions be removed from the agenda due to questions. Commissioner Burgin moved to approve the agenda as amended. Commissioner House seconded the motion which passed unanimously. Commissioner Burgin moved to approve the items on the consent agenda as amended. Vice Chairman Hill seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: February 15, 2009 Regular Meeting 2. Budget amendments: 240 Public Utilities Code 531- 9025 - 431.43 -19 Operating — Repair & Maintenance — system 20,000 decrease 531- 9025- 431.12 -00 Salaries and Wages — Part time 20,000 increase Harnett County Board of Commissioners March 1, 2010 Regular Meeting Minutes Page 1 of 6 241 Adolescent Planning Program Code 110- 7319- 465.32 -82 Reimbursement Betsy Johnson Contribution FY 08 -09 110- 0000 - 399.00 -00 Fund Balance Appropriated 242 Public Utilities Department, PU0705 Water Plant Expansion Code 569- 9100 - 431.45 -48 Plant Construction — TA Loving 569- 0000 - 356.91 -03 Ft Bragg US Gov't 243 Public Utilities Department, PU0705 Water Plant Expansion Code 569- 9100 - 421.45 -70 Interest During Construction 569- 0000 - 356.91 -03 Ft Bragg US Gov't 569- 0000 - 314.50 -00 Sales Tax 569-0000-361.10-00 Interest 247 Economic Development Department Code 110 -7100- 465.60 -53 Dues & Subscriptions 110- 0000 - 399.00 -00 Fund Balance Appropriated 248 Parks and Recreation Department Code 110- 8200 - 450.74 -75 Capital Outlay — Lease Expense 110- 8200 - 450.75 -10 Capital Outlay — Lease Expense Interest 110- 0000 - 399.00 -00 Fund Balance Appropriated 249 Parks and Recreation Department Code 110- 8200 - 450.12 -00 Salaries and Wages 110- 8200 - 450.74 -74 Capital Outlay 250 Human Services Appropriation Department Code 110- 7999 - 441.31 -71 Safe Crisis 110- 0000 - 399.00 -00 Fund Balance Appropriated 251 Library, Cultural & Recreational Department Code 110 -8100- 450.60 -33 Materials & Supplies 110 - 0000 - 334.81 -05 Staying Connected 252 Harnett County WIA Youth Program Code 234 -7407 - 465.11 -00 Economic & Physical Salaries & Wages 234 - 7407 - 465.35 -26 Part. Cost Out School 234 - 7407 - 465.12 -00 Salaries & Wages P/T 234 - 7407 - 465.12 -02 Salaries & Wages P/T Participant 234 - 7407 - 465.58 -19 Travel Participants Out School 234- 7407 - 465.41 -11 Telephone & Postage 234 - 7407 - 465.41 -13 Utilities 3,825 increase 3,825 increase 324,500 increase 324,500 increase 90,800 increase 1,500 increase 88,000 increase 1,300 increase 10,013 decrease 10,013 decrease 24,291 decrease 3,838 decrease $28,129 decrease 5,835 decrease 5,835 increase 5,000 decrease 5,000 decrease 6,500 increase 6,500 increase 6,370 increase 1,500 increase 4,625 increase 16,945 increase 200 increase 1,300 increase 2,600 increase Harnett County Board of Commissioners March 1, 2010 Regular Meeting Minutes Page 2 of 6 234- 7407 - 465.44 -21 Bldg & Equipment Rent In School 100 increase 234 - 7407 - 465.32 -73 Training Voucher Out School 5,000 increase 234 - 7407 - 465.44 -21 Bldg & Equipment Rent Out School 100 increase 234 -7407- 465.22 -00 FICA — Admin Out School 841 increase 234 - 7407 - 465.26 -08 Workers Comp. Admin. Out School 107 increase 234 -7407- 465.23 -00 Retirement — Out School 312 increase 234 -0000- 331.74 -05 Workforce Development In School Youth 100 increase 234 -0000- 331.74 -07 Workforce Development Out School Youth 39,900 increase 253 Sampson County Youth Program Code 234 -7406- 465.35 -26 Sampson Co. — In School Participation Cost 14,000 increase 234 - 7406 - 465.41 -11 Sampson Co. — In School Telephone & Post 500 increase 234 - 7406 - 465.60 -33 Sampson Co. — In School Materials & Supplies 500 increase 234 - 7406 - 465.35 -26 Sampson Co. — Out School Participant Cost 14,000 increase 234 - 7406 - 465.41 -11 Sampson Co. — Out School Telephone & Post 500 increase 234- 7406 - 465.60 -33 Sampson Co. — Out School Materials & Supplies 500 increase 234 -0000- 331.74 -06 Workforce Development Sampson In Sch 15,000 increase 234 - 0000 - 331.74 -08 Workforce Development Sampson Out Sch 15,000 increase 254 Emergency Services Building Renovation Project CP1001 Code 396- 8300 - 420.45 -01 Construction 11,299 increase 396 - 8300- 420.45 -80 Contingency 11,299 decrease 255 Transportation Code 110- 4650 - 410.60 -31 Gas, Oil & Auto Sales 578 decrease 110- 8701- 490.90 -09 Transfer — Transportation Facility 4,154 increase 110- 0000 - 354.01 -01 Van Sales 3,576 increase 256 Transportation Facility Design Project CP0306 Code 312- 8300 - 410.60 -57 Miscellaneous 312- 0000 - 389.10 -00 Transfer from General Fund 4,154 increase 4,154 increase 263 Finance Department Code 110 -5120- 420.25 -10 Jail — Unemployment Insurance 355 increase 110 -5401- 420.25 -10 EMS Transport — Unemployment Insurance 2,069 increase 110- 0000 - 399.00 -00 Fund Balance Appropriated 2,424 increase 3. Tax refunds and releases (Attachment 1) Harnett County Board of Commissioners March 1, 2010 Regular Meeting Minutes Page 3 of 6 4. Resolutions to add roads to state system (Attachments 2, 3, and 4) 5. The Sheriff's Office requested permission to accept equipment from the North Carolina Governor's Higway Safety Program Grant. This grant was awarded to fund equipment for Law Enforcement agencies to use in their Highway Safety Programs. The equipment for the Harnett County Sheriff's Office consist of: one Lasertechnology Version 360 radar, one stopstick and five traffic vest. 6. Public Utilities requested approval of a decreasing change order in the amount of $45,920.55 for Ormond Utilities. This contract is associated with the Erwin Wastewater Improvements Capital Project. This change order reduces the scope of work in this contract by deleting various construction items. 7. The Finance Department requested approval to raise the county's rates up to the Medicare approved amount. Effective January 1, 2010, the Medicare reimbursement amount for mileage has changed from $9.63 to $10.11 per mile. In the upcoming budget year (2010 -2011) the department will include a request in the ordinance that the county's rates be approved to change each year to the current Medicare approved amount. These amounts typically change January 1st of each year. 8. The Finance Department requested approval of the Trustee Resignation and Appointment Agreement between Harnett County and U.S. Bank National Association for the Certificates of Participation (COPS) 2007A Series. The purpose of this agreement is to replace First Citizens Bank as the Bond Trustee due to the sale of the First Citizens Bond Trustee Business to U.S. Bank National Association on October 19, 2009. 9. The Finance Department requested approval of the Trustee Resignation and Appointment Agreement between Harnett County and U.S. Bank National Association for the Certificates of Participation (COPS) Series 2000, Series 2002, Series 2003 and Series 2009. The purpose of this agreement is to replace First Citizens Bank as the Bond Trustee due to the sale of the First Citizens Bond Trustee Business to U.S. Bank National Association on October 19, 2009. 10. Emergency Management requested permission to apply for the 2010 Emergency Management Performance Grant. This is a federal grant administered by the State that is available to local governments to assist in the cost of developing and maintaining a comprehensive emergency management program. These are funds that are received annually and are included as part of our operating budget. 11. The Legal Department requested approval of the Grant of Easement between the County of Harnett and Piedmont Natural Gas Company, Inc., $12,879.75, Parcel Number 36 -HA- 52A, situated in Neil's Creek township, Harnett County, North Carolina and described in deed(s) recorded in Book 2147 at Page 433, Harnett County Registry. The right of way granted is Fifty (50) feet wide and encompasses 1.04 acres, more or less. An additional Harnett County Board of Commissioners March 1, 2010 Regular Meeting Minutes Page 4 of 6 agreement is Grantee will maintain a minimum of 2 feet of separation between Piedmont Natural Gas Company facilities and the Harnett County facilities at all proposed crossings. 12. The Planning Department requested approval of the Capital Project Ordinance for the Abandoned Manufacturing Home Program (AMPI) (Attachment 5) 13. The Parks and Recreation Department requested approval of Change Order 01 for the multi - purpose building being constructed by Player, Inc. at Barbeque Creek Park of the PARTF grant improvements. The items in Change Order 01 are stainless steel counter tops for the concession area, a knox box, fire extinguisher cabinets, additional work on the old concession stand, and signage to be added to the multi - purpose room. The total amount of the change order is $3,533.43 14. The Legal Department, on behalf of General Services, requested approval of the lease agreement between Harnett County and Richard W. Gregory for lease of 39.73 acres off State Road 1210, the former Harnett County Landfill. The property is to be used for hunting purposes. The term of the agreement is one year and the total rent figure is $198.75. Mr. Gregory did provide proof of liability insurance as previously requested by commissioners. 15. Harnett Area Rural Transit System (HARTS) requested adoption of a Community Transportation Program Resolution granting permission to participate in the upcoming 2011 -2012 Community Transportation Grant Program. (Attachment 6) 16. The Department of Public Buildings request approval of a change order in the amount of $11,299 for Triple M Contractors, using monies from contingency. This contract is associated with the renovation project at the new Emergency Service Center. Chairman McNeill opened the floor for informal comments by the public, allowing 3 minutes for each presentation up to 30 minutes. Hearing no comments, Chairman McNeill closed the public comment period. Commissioner Andrews moved to approve the appointments listed below. Commissioner Burgin seconded the motion and it passed unanimously. Southeastern Economic Development Commission Phyllis Owens (nominated by Commissioner Andrews) appointed for a term of four years which will expire April 30, 2014. Town of Coats Planning Board - Extraterritorial Jurisdiction Member Max Matthews, Jr. (nominated by Vice Chairman Hill) reappointed for a two year term which will expire January 2012. Ed Lauder (nominated by Vice Chairman Hill) appointed for a two year term which will expire January 2012. Harnett County Board of Commissioners March 1, 2010 Regular Meeting Minutes Page 5 of 6 Mr. Sauer presented the Monthly Activities Summary for the Harnett County Department of Public Health. Mr. Sauer distributed a map showing the future location of First Choice Community Health Centers in the Brightwater Business Park. Mr. Sauer also noted East Carolina University (ECU) has had very positive discussions with First Choice regarding the possibility of locating a Dental Learning Service Center in Harnett County. The Dental Learning Service Center would provide experience for the fourth year dental students and allow great collaboration with Campbell University and Central Carolina Community College. Land will have to be transferred to the state if ECU does locate in Brightwater. Mr. Sauer noted continuing efforts in regards to the establishment of a mental health inpatient psychiatric unit in the county. Commissioner House moved to allow the County Manager to send correspondence to the North Carolina Rural Center committing the County to spend up to $186,000 for project design and construction observation/administration costs for this project. Commissioner Andrews seconded the motion. Commissioner Burgin recused himself from voting on this motion. Commissioner House moved to allow Commissioner Burgin to recuse himself which was seconded by Commissioner Andrews and passed unanimously. The motion allowing the County Manager to send correspondence committing the County to spend up to $1 86,000 for design and construction observation/administration costs for the mental health inpatient psychiatric unit passed unanimously. Commissioner Andrews moved that the Board go into closed session to discuss a personnel matter. This motion is made pursuant to N.C. General Statue Section 143- 318.11(a)(6). Vice Chairman Hill seconded the motion which passed unanimously. Commissioner Burgin moved that the Board come out of closed session. Commissioner Andrews seconded the motion which passed unanimously. Chairman McNeill called for new business. Commissioner Burgin noted concern regarding insurance and abortions. Chairman McNeill directed staff to research the issue and brief the Board soon. Commissioner Andrews moved to recessed the meeting. Vice Chairman Hill seconded the motion and the Board recessed at 9:38 am and immediately went in to special session. Ti othy eill, Chairman Marg4ret Regina D el, Acting Clerk Harnett County Board of Commissioners March 1, 2010 Regular Meeting Minutes Page 6 of 6 Attachment 1 Approved by the Warm County Board of Commissloator$ Board Report Date : 03/01/2010 Approved By : TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Tax, Interest and Total Request Penalties Refund . Status No. Name of Tax Payer 1 CIRCOSTA, MATTHEW 16 EDGEMONT TER SANFORD, NC 273326695 SANFORD, NC, 27332 - 6695 2 G F SHAFFER CONSTRUCTION CO PO BOX 1041 BROADWAY NC, 27505 - 1041 3 MCDONALD, SHELBY JUNE PO BOX 524 LILLINGTON NC 275460000 LILLINGTON NC, 27546 - 0000 4 MCQUEEN, JUNIOR 186 JUNEBUG LN FUQUAY VARINA NC 275266441 FUQUAY VARINA NC, 27526 - 6441 5 MCQUEEN, JUNIOR 186 JUNEBUG LN FUQUAY VARINA NC 275266441 FUQUAY VARINA NC, 27526 - 6441 6 MCQUEEN, JUNIOR 186 JUNEBUG LN FUQUAY VARINA NC 275266441 FUQUAY VARINA NC, 27526 - 6441 7 MCQUEEN, JUNIOR 186 JUNEBUG LN FUQUAY VARINA NC 275266441 FUQUAY VARINA NC, 27526 - 6441 8 MCQUEEN, JUNIOR 186 JUNEBUG LN FUQUAY VARINA NC 275266441 FUQUAY VARINA NC, 27526 - 6441 9 SIMMONS, WILLIAM F SIMMONS, DONALD J 71 SIMMONS DRIVE ERWIN NC, 28339 - 0000 10 TURNER, PATTY RAYNOR TURNER, TERRY LEON 1623 ASHE AVE DUNN, NC, 28334 - 6709 11 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER NC, 27501 - 1004 12 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER NC, 27501 - 1004 13 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER NC, 27501 - 1004 14 WELLS, LILLIAN SMITH 0001752768- 2009- 2009- 000000 0001098094- 2009- 2009- 000000 0000034606 - 2009 -2009- 000000 0001581316 - 2008 -2003- 110000 0001581316- 2008- 2004- 110000 0001581316- 2008- 2005- 110000 0001581316 - 2008 -2006- 110000 0001581316- 2008- 2007- 110000 0000048198- 2009- 2009- 000000 0001263792- 2009- 2008- 000000 0001139831- 2009- 2005- 000000 0001139831- 2009- 2006- 000000 0001139831- 2009- 2007- 000000 0001144941- 2009- 2005- 000000 City County 13.73 City 0.00 County 8.11 City 0.00 County 346.67 City 0.00 County 213.41 City 0.00 County 194.07 City 0.00 County 177.88 City 0.00 County 158.26 City 0.00 County 146.09 City 0.00 County 495.44 City() 26.46 County 0.00 City() 51.55 County 0.00 City() 54.15 County 0.00 City() 43.55 County 0.00 City() 64.80 0.00 13.73 Refund 8.11 Refund 346.67 Refund 213.41 Refund 194.07 Refund 177.88 Refund Return Reason Military Exemption Value Decrease Elderly Exemption Listed in Another County Listed in Another County Listed in Another County Listed in Another 158.26 Refund County Listed in Another 146.09 Refund County 495.44 Refund 26.46 Refund 51.55 Refund 54.15 Refund 43.55 Refund 64.80 Refund Value Decrease Situs Correction Situs Correction Situs Correction Situs Correction Situs Correction PO BOX 1004 ANGIER NC, 27501 - 1004 15 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER NC, 27501 -1004 16 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER NC, 27501 - 1004 17 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER NC, 27501 -1004 18 WELLS, LILLIAN SMITH PO BOX 1004 ANGIER, NC, 27501 -1004 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0001144941- 2009- 2006- 000000 0001144941- 2009- 2007- 000000 0001144941- 2009- 2008- 000000 0001551513- 2009- 2007- 000000 County City() County City() County CityO County City() County 0.00 68.50 0.00 69.24 0.00 58.90 0.00 194.95 0.00 Situs Correction 68.50 Refund Situs Correction 69.24 Refund 58.90 Refund 194.95 Refund City Total 632.10 County Total Total to be 2,385.76 Refunded 1,753.66 Situs Correction Situs Correction Attachment 2 Harnett C O U N T Y NORTH CAROLINA www.harnettorg 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. Atkins Place Subdivision Atkins Place Circle Duly adopted this 1st day of March, 2010. HARNETT COUNTY BOARD OF COMMISSIONERS Timo h B. McNeill, Chairman Margar; Regina Wheel Actin erk to the Bo strong roots • new growth Attachment 3 Harnett COUNTY r;O! , k rw,-\ 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. Summerfield Subdivision Fields Way Duly adopted this 1st day of March, 2010. ATTEST: 4, Marg. et Regina W �-ler Acti Clerk to the • sard strong roots • new growth Ne y B. McNeill, Chairman Attachment 4 Harnett C 0 U N TY t,JRT C\7uLINA 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. Dexterfield Subdivision Dexterfield Drive Overby Court Sweet Samantha Court Brendamore Court Alvis Court Duly adopted this 1st day of March, 2010. 001111 11111,,,, Q-. ? Yo t% rf .�= courr� • ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS Marg Actin et Regina Clerk to the eler oard strong roots • new growth A ip(e B. McNeill, Chairman Attachment 5 COUNTY OF HARNETT CAPITAL PROJECT ORDINANCE ABANDONED MANUFACTURING HOME PROGRAM (AMPI) BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the governing hoard for Harnett County. Section 1. The County of Harnett desires to maintain a public assistance program that aide's property owners in the removal of abandoned manufactured housing. Eligible sites may be located within both municipal and county jurisdictional boundaries. The cost for such a program has been traditional funded by local funds only. Harnett County has secured reimbursement funding to assist in the continuation and further development of the removal program. The reimbursement funding shall be received from the Solid Waste Management Trust Fund administrated through the North Carolina Department of Environment and Natural Resources Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. Section 3. The following amounts are hereby appropriated for this project: AMPI Unrecoverable Cost $ $40,000.00 Section 4. The following revenues are anticipated to be available to complete this project: NCDENR: $ $40,000.00 Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 6. Funds may be advanced from the General Fund for the purpose of making payments as due. Reimbursement request should be made to the grantor in an orderly and timely manner. Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3and on the total grant revenues received or claimed. Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing Board, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Duly adopted this 1st day of March, 2010. ATTEST. Gina Da iel, Acting Cler o the Board Harnett County Board of Commissioners //eV Timothy :. cNeill, Chairman Harnett C . . ty Board of Commissioners ``\‘‘‘‘CQMRgIS'S�O���i cn' U Attachment 6 COMMUNITY TRANSPORTATION PROGRAM RESOLUTION Section 5311 FY 2011 RESOLUTION Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. Coti,.orrtr A motion was made by (Board Member's Name) ; t'; �., ,/� u r ct l H and seconded by (Board Member's Name or N/A, if not required) vice Chc i � 4. -; re /4; 11 for the adoption of the followi resolution, and upon being put to a vote was duly adopted. 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 federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, (Legal Name of Applicant) Harnett County hereby assures and certifies that it will comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* Chairman of (Name of Applicant's Governing Body) Harnett County Board of Commissioners is hereby authorized to submit a grant application for federal and state funding, provide the required local match , make the necessary assurances and certifications and be empowered to enter into an agreement, with the NCDOT to provide rural public transportation services. I (Certifying Official's Name)* Margaret R. Daniel (Certifying Official's Title) Acting, Clerk to the Board of Commissioners do hereby certify that the above is a true and correct cqpy of an xcerpt from the minutes of a meeting of they " ' 4aliarNe Gouh duly, held on the 1st day of , 2010. `��•OF G ....ti! `SS'S •: *Note that the authorized official, certifying official, anc4iota pa �` ' J ,,.. fY g ry public should be three separate individuals. .�., „,re • y• Sig ature of Ce Seal Subscribed and sworn to me (date) /,/ y--c j) 2b1 It. A; _/ 'otary Public kin' Vxl PO 238 L; II k(C, Printed Name and Addresls L./ My commission expires (date) ,toolel m014 NOTARY PUBLIC ci J veru bey 28 )21)// Affix Seal Here