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041811mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 18, 2011 The Harnett County Board of Commissioners met in regular session on Monday, April 18, 2011, in the Commissioners Meeting Room, County Administration 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 Snow, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman McNeill called the meeting to order at 7:00 pm. Vice Chairman Hill led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Mr. Sauer requested addition to the agenda approval of distribution of additional fund of the Federal and State Home & Community Care Block Grant through Mid - Carolina Area Agency on Aging for FY 2010 -2011; and Emergency Service's request for the acceptance of the interlocal agreements for debris removal for the towns of Coats, Erwin, Dunn and Angier between Harnett County and Unified Recovery Group, LLC. Mr. Sauer also requested the addition of a briefing from Mr. Gary Pope, Director of Emergency Services, regarding the recent tornado. Vice Chairman Hill requested removal of the following from the consent agenda for discussion purposes: 1) The Sheriff's Office requests approval of the Harnett County Detention Center Medical Plan; 2) The Sheriff's Office requests permission to sign an agreement with the Commission on Accreditation for Law Enforcement to begin the process for Harnett County Sheriffs Office to receive accreditation from CALEA; and 3) The Sheriffs Office requests permission to apply for a Continuation grant from the North Carolina Governor's Highway Safety Program. April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 Commissioner Burgin moved to approve the items on the revised consent agenda. Commissioner House seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Budget Amendments: 312 Cooperative Extension, 4 -H Code 110- 7300 - 465.32 -31 4 -H Programs 110 -0000- 344.14 -00 4 -H Programs 110 -0000- 399.00 -00 Appropriated Funds 323 Sp ecial Revenue Fund - Ad Valorem Taxes Code 242 -8017- 420.82 -20 N Harnett Fire Delinquent 242 - 8019 - 420.82 -20 Spout Springs Fire Delinquent 242 - 0000 - 311.20 -00 Ad Valorem Taxes — Prior Years 325 Health Department — Aging -RSVP Code 110- 7510- 441.32 -13 Special Projects 110- 0000 - 353.15 -00 RSVP Donations 328 Sheriff's Department Code 110 -5100- 420.11 -00 Salaries & Wages 110- 0000 - 336.23 -01 Federal Inmate Transport Cost 329 Public Utilities Code 531 -9000- 431.21 -01 531- 0000 - 399.00 -00 335 EMS Code 110 -5400- 420.60 -33 110-0000-353.54-04 339 Parks and Recreation Code 394 - 8300 - 450.45 -01 394 - 8300 - 450.45 -80 340 Cooperative Extension - Code 110- 7313 - 465.11 -00 110- 7313- 465.12 -00 110 -7313- 465.21 -00 110- 7313- 465.22 -00 110 -7313- 465.23 -00 Group Insurance Expense — Retirees Fund Balance Appropriated Materials & Supplies Contributions — ASPR/SMAT Grant Construction Services /Construction Construction Services /Contingency Teens As Parents Program Salaries and Wages Part-time Salaries and Wages Group Insurance FICA Regular Retirement 6,975 increase 4,000 increase 2,975 increase 2,800 increase 5,200 increase 8,000 increase 4,500 increase 4,500 increase 10,539 increase 10,539 increase 223,177 increase 223,177 increase 4,500 increase 4,500 increase 7,000 increase 7,000 decrease 16,989 decrease 5,000 decrease 4,169 decrease 1,623 decrease 1,173 decrease April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 340 Cooperative Extension - Teens As Parents Program continued Code 110- 7313 - 465.26 -08 Worker's Compensation 472 decrease 110 -7313- 465.58 -14 Travel 2,250 decrease 110- 7313 - 465.60 -33 Materials & Supplies 200 decrease 110- 0000 - 353.73 -13 Teens As Parents Revenue — BJRH 7,969 decrease 110- 0000 - 334.73 -13 Governor's Crime Commission 23,907 decrease 341 Public Utilities — PU1003 Brightwater Inf Structure Code 575 -9100- 431.45 -27 Utilities Plus 2,119 decrease 575- 9100- 431.45 -80 Contingency 2,119 increase 343 Public Utilities — PU0703 East Central Improvements Project Code 567- 9100- 431.45 -70 Interest During Construction 567 -0000- 314.50 -00 Sales Tax 344 Sheriffs Department Code 243 -5100- 420.32 -53 Concealed Carry Fees 243 - 0000 - 322.43 -00 Concealed Weapon Fund 2. Tax refunds, rebates and releases (Attachment 1) 92,423 increase 92.423 increase 8,070 increase 8,070 increase 3. Emergency Services requested permission to implement a Paramedic Training Program that would allow current and new employees to be promoted upon obtaining a certification as a Paramedic as set forth in written guidelines. 4. General Services requested approval of the HARTS System Safety Program Plan (SSPP). The proposed plan brings Harnett County into compliance with federal and state grant management requirements and this system safety plan follows the FTA requirements and policies. 5. Resolution to add Heathrow Drive (SR 2510 Ext.) in the Highgrove Subdivision to the state system (Attachment 2) 6. Approve distribution of additional funds of the Federal and State Home & Community Care Block Grant through Mid - Carolina Area Agency on Aging for FY 2010 -2011. Harnett County has received a funding increase of $9,332 for FY 2010 -2011. Mid - Carolina recommends that this increase be distributed to In -home Aide Level I, Medical Transportation, Senior Center Operations and Home - Delivered Nutrition. 7. Emergency Services requested the acceptance of the interlocal agreements for debris removal for the towns of Coats, Erwin, Dunn and Angier between Harnett County and Unified Recovery Group, LLC. The towns wish to enter into this interlocal agreement with the County in order to provide for the town's participation under the County's Debris Removal Agreement in the event of a disaster occurrence. April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke. Vice Chairman Hill moved to approve the appointment listed below. Commissioner Burgin seconded the motion which passed unanimously. SANDHILLS CENTER BOARD OF DIRECTORS Pat Cameron (nominated by Commissioner House) was reappointed to serve on this board for a three year term ending June 2014. Tyler D. Bray, NC DOT, petition the board for a public hearing regarding the Comprehensive Transportation Plan for Harnett County. Mr. Bray requested the board to consider adoption of the plan by resolution. Mr. Bray provided information including maps and cross section information prior to the meeting and gave a general overview of the Comprehensive Transportation Plan. County staff along with representatives from all five municipalities, Capital Area Metropolitan Planning Organization, Fayetteville Area Metropolitan Planning Organization, Mid - Carolina Rural Planning Organization, and Transportation Planning Branch of the North Carolina Department of Transportation, actively worked to develop this Comprehensive Transportation Plan which should replace the existing Harnett Thoroughfare Plan. It was noted this plan should serve as a guide in the development of the transportation system in Harnett County. Commissioner Burgin said from an insurance side of it he believes the tapered edges on the road with the cross sections is a terrible situation, especially for inexperienced drivers. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve the resolution adopting the Comprehensive Transportation Plan for Harnett County as presented. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 3) Mr. Gary Pope, Director of Emergency Services, updated the board regarding the recent storm activity. The tornado damaged the Food Lion warehouse, Alphin Brothers, Sampson Church, surrounding business and homes and leveled most of the 35 homes within the Cedar Creek Mobile Home Park located across Hwy 301. Mr. Pope said the storm path was 5 to 6 miles long. Harnett County had 30,000+ citizens without power at one time which now was down to 700. Mr. Pope said Progress Energy had done a tremendous job getting power back. He noted resources were originally assisting Lee County who had also recently been hit by a tornado. Mr. Pope said 40 homes were totally destroyed, 40 homes received major damage and 96 homes had minor damage from the storm. Mr. Pope said county staff had performed a damage assessment to assist with FEMA declaration and estimated over $15 Million in damages so far. Mr. Pope noted there were still citizens in the shelters with lots of agencies working to get those people relocated. Mr. Pope reported 14 injuries with one fatality. The Governor will allow NC DOT to pick up storm debris but he asked citizens to separate construction debris from yard debris. Mr. Pope said it was overwhelming how well folks handled the incident and worked together to help recover from this disaster and he thanked all involved. April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 Jennifer Slusser, Staff Attorney, petitioned the board for a public hearing regarding the proposal to abolish existing fire protection service districts and establish new fire protection service districts. Mrs. Slusser gave a brief review of the process to -date. Mrs. Slusser explained Harnett County is set up with fire protection service districts and Chapter 69 districts which they are now attempting to realign. Mrs. Slusser said the recommendation to create new fire protection service districts is to fund the full cost of fire protection service delivered on an equal basis to all residents within the county with the cost burden being carried equitably through all property owners through the service district tax. Staff had consulted with the UNC School of Government regarding this process. Mrs. Slusser clarified the proposal only dealt with district lines and how they are drawn but it is up to the Board of Commissioners to set tax rate for districts. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Everett Smith, 3546 Leggett Road, asked about the availability of fire hydrants saying there are none in the area where he lives. Emergency Service staff will research this with Mr. Smith. Carl Sherman, 1135 Joel Johnson Road, shared his concerns regarding the realignment. Mr. Sherman said they have a good volunteer fire depat lnient in the Flatwoods community but fears with this district being cut that they will not be able to afford to hire.. full time firemen to protect their community during the day. Mr. Sherman said he believed other communities have excess monies and equipment because they live in heavily developed areas and asked why he should be offered any less services with no full time firemen during the day. Mr. Shennan questioned the possibility of a universal tax rate. Seeing no one else move Chairman McNeill closed the public hearing. Vice Chairman Hill said she has requested information regarding the number of African Americans in the Sheriff's Office several times which she has yet to receive. Mr. Sauer distributed a demographic report for non -white county employees that included the department, position title and ethnic code. Vice Chairman Hill requested the number of county employees by department including the number of African Americans with salaries for all. The Sheriffs Office requested approval of the Harnett County Detention Center Medical Plan. Harnett County contracts with Southern Health Partner to provide medical care to the Harnett County Detention Center. The Medical Plan is developed by Southern Health Partners. The plan meets or exceeds the requirements of the North Carolina Jail Standards. The Plan has been reviewed by Harnett County Legal Staff. Mr. Sauer noted the document is reviewed annually and was presented to the Board in December 2010 when questions were raised and had been addressed. Commissioner Burgin moved to approve the Harnett County Detention Center Medical Plan as presented. Commissioner House seconded the motion which passed unanimously. April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 The Sheriffs Office requested permission to sign an agreement with the Commission on Accreditation for Law Enforcement to begin the process for Harnett County Sheriffs Office to receive accreditation from CALEA. The CALEA goals are to strengthen crime prevention and control capabilities, formalize essential management procedures, establish fair and nondiscriminatory personnel practices, improve service delivery, solidify interagency cooperation and coordination, and increase community and staff confidence in the agency. The process is up to a three year self - assessment by complying with applicable benefits which includes but is not limited to greater accountability within the agency, reduced risk and liability exposure, stronger defense against civil lawsuits, staunch support from government officials and increased community advocacy. The cost of the process is $10,400 or three installments of $3,590. Commissioners were assured the Sheriff's Office budget included these funds. Commissioner Burgin moved to approve the request. Commissioner Andrews seconded the motion which passed unanimously. The Sheriffs Office requested permission to apply for a continuation grant from the North Carolina Governor's Highway Safety Program. The original grant was approved and received in 2010. The grant for FY 2011 -2012 will provide funding for 70% of the cost of two deputies. Harnett County is asked to provide 30% ($35,356) of the Personnel cost the second year and 50% ($53,770) the third year. Commissioner Burgin moved to approve the request. Commissioner Andrews seconded the motion which passed unanimously. Mr. Sauer presented for consideration a resolution of the Harnett County Board of Commissioners petitioning its legislative delegation for a two percent local sales tax for public school construction and financing. The resolution sought this legislative authority effective January 1, 2012, and to sunset on January 1, 2037. Mr. Sauer noted the resolution was the outcome of a recent joint meeting with the Harnett County Board of Education. Chaiiman McNeill moved to adopt the resolution as presented in order to give to it to our legislative delegation to see if they can get the authority for us to put this referendum on the ballot when the municipal elections are held this fall. Commissioner Andrews seconded the motion. Commissioner Burgin said he was for a sales tax increase but offered an amendment to the motion that if the referendum passes they will then lower the property taxes by .04 cents which he believes would still net $6.8 Million. Vice Chairman Hill shared concerns that lowering the tax rate will cause problems later. Vice Chairman Hill seconded the amendment which passed unanimously. The main motion to adopt a resolution of the Harnett County Board of Commissioners petitioning its legislative delegation for a two percent local sales tax for public school construction and financing passed unanimously. (Attachment 4) Mr. Sauer presented the following report: • Veteran Affairs Activities Report March 2011 • Landfill Billing March 2011 • Public Health Activities Report March 2011 • Planning Services Report March 2011 April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 Vice Chairman Hill moved that the Board go into closed session for the following purposes: (1) To consider and give instructions to the County legal staff concerning the handling of certain claims including but not limited to the following: The Worker's Compensation Claim of Dennis Hall IC File No. 605182 (2) To discuss certain personnel matters. This motion was made pursuant to N.C. General Statute Section 143- 318.11(a)(3) &(6). Commissioner Burgin seconded the motion which passed unanimously. Commissioner Burgin moved that the Board come out of closed session. Vice Chairman Hill seconded the motion which passed unanimously. There was no new business. Commissioner Burgin moved to adjourn the meeting at 8:25 pm. The motion was seconded and the meeting was adjourned. Ade 4, cNeill, Chairman et Regina /#1, eeler, Clerk April 18, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 7 Approved by the Harnett County Board rd 01 Cornmi ssion er& / a-A 4/(e. L., ATTACHMENT 1 Board tRe po Date : 0 /18/2011 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Approved By : i a C y— /$ [ ( Name of Tax Payer 1 MCKAY, SUANNE ALBERTA CHATMON, RHUNELL 95 THREE NEIGHBOR LANE LILLINGTON NC, 27521 - 0000 2 MCKAY, SUANNE ALBERTA CHATMON, RHUNELL 95 THREE NEIGHBOR LANE LILLINGTON, NC, 27521 - 0000 3 MCWHITE, TIMOTHY B 9 BLUE DEVIL RD CAMERON, NC 283266282 CAMERON, NC, 28326 - 6282 4 TAMAYO, MICHAEL ANTHONY 192 PRAIRIE LN LILLINGTON, NC 275467234 LILLINGTON, NC, 27546 - 7234 5 TAMAYO, PRISCILLA ANN 192 PRAIRIE LN LILLINGTON, NC 275467234 LILLINGTON, NC, 27546 - 7234 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER Bit, # 0001678211- 2010- 2009- 000000 0001777190- 2010- 2010- 000001 0001788380- 2010- 2010- 000000 0001788351- 2010- 2010- 000000 0001785497- 2010- 2010- 000000 Tax, interest and a Total Request Penalties Refund Status City() 78.77 County 9.18 City() 117.71 County 9.19 City 0.00 County 133.16 City 0.00 County 64.48 City 0.00 County 8.11 City Total County Total Total to be Refunded 87.95 Refund Reason Situs Correction Situs 126.90 Refund Correction Military 133.16 Refund Exemption Military 64.48 Refund Exemption Military 8.11 Refund Exemption 196.48 224.12 420.60 Approved by the Harnett County Brryei rrd otC orn ;n ssioners 171-1'53- TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. %lame of Tax Payer X11 Tax, Interest and Total Requ®st Penalties ?1$tatus Reason Approved By : 1 PINEWOOD APTS LTD PO BOX 1254 DUNN NC, 28335 - 7928 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER City 0.00 0000042588- 2010- 2010- 000000 County 8,212.76 City Total County Total Total to be Refunded 8,212.76 Refund 0.00 8,212.76 8,212.76 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. Highgrove Subdivision Heathrow Drive (SR 2510 Ext.) Duly adopted this 18th day of April, 2011. ATTEST: t 8t CAA /I A 4( Marga4et Regina Wljeeler Clerk tb the Board HARNETT COUNTY BOARD OF COMMISSIONERS Ado/,.. Ti o hy B. McNeill, Chairman strong roots new growth vvvvvv.harnett.arg ATTACHMENT 3 RESOLUTION ADOPTING A COMPREHENSIVE TRANSPORTATION PLAN FOR HARNETT COUNTY, NORTH CAROLINA The following resolution was offered by Commissioner J & , seconded by Commissioner &wk. c e �_ 14 i t and, upon being put to a vo %, was carried 5' - 0 on the 18th day of April. 2011. WHEREAS, the Town of Lillington, Town of Erwin, City of Dunn, Town of Coats, Harnett County, Capital Area Metropolitan Planning Organization, Fayetteville Area Metropolitan Planning Organization, Mid - Carolina Rural Planning Organization, and Transportation Planning Branch of the North Carolina Department of Transportation, have actively worked to develop a Comprehensive Transportation Plan for the Harnett County; and WHEREAS, the County and the Department of Transportation are directed by North Carolina General Statutes 136 -66.2 to reach agreement for a transportation system that will serve present and anticipated volumes of traffic in and around the County; and WHEREAS, it is recognized that the proper movement of traffic within and through the Harnett County is a highly desirable element of the comprehensive plan for the orderly growth and development of the County; and WHEREAS, it is recognized that the Harnett County Comprehensive Transportation Plan will replace the existing Harnett County Thoroughfare Plan; WHEREAS, after full study of the plan, and following a public hearing, the County Commissioners feel it to be in the best interests of the Harnett County to adopt a plan pursuant to General Statutes 136 -66.2; NOW THEREFORE, BE IT RESOLVED: That the Harnett County Commissioners hereby adopt the portion of the Harnett County Comprehensive Transportation Plan dated April 18, 2011, that is within its planning jurisdiction and endorses the remainder of plan. This plan should serve as a guide in the development of the transportation system in Harnett County and the same is hereby recommended to the North Carolina Department of Transportation for its subsequent adoption: I, Margaret Regina Wheeler. Clerk of the County of Harnett, North Carolina, hereby certify that the above is a true and correct copy of the excerpts from the minutes of the Commissioner meeting of said Harnett County. WITNESS my hand and the official seal of the County of Harnett this the 18th day of Anril, 2011. ATTEST Margar-t Regina Whe er, Clerk ATTACHMENT 4 Harnett C 0 U N TY NORTH CAROLINA RESOLUTION OF THE HARNETT COUNTY BOARD OF COMIVIISSIONERS PETITIONING ITS LEGISLATIVE DELEGATION FOR A TWO PERCENT LOCAL SALES TAX FOR PUBLIC SCHOOL CONSTRUCTION AND FINANCING www.harnett.org WHEREAS, the Harnett County Board of Commissioners has a record of responsiveness to the capital needs of the public school system in providing adequate facilities; and WHEREAS, Harnett County is facing unprecedented growth pressures as indicated by the 2010 census and State projections indicate these trends will continue for the next two decades as the third fast growing County in North Carolina; and WHEREAS, the County's fiscal condition is stressed with a significant debt load, depleted fund balance reserves, and a structural budget deficit; and WHEREAS, the governing body is actively working to analyze its fiscal position and is taking steps to correct the County's fiscal weaknesses; and WHEREAS, the Board of Education has presented its student population growth model with estimates requiring 134 additional mobile classrooms beyond the current 193 mobile class units; and WHEREAS, there exists immediate need for new construction of a new Harnett Central Elementary School and a new Highland Middle School; and WHEREAS, there are projected short term capital needs for school construction of new Western Harnett and Southwest Harnett Elementary Schools; and WHEREAS, there is a projected long term capital need for a new Highland High School, and the sum of these capital needs is in excess of $146 million dollars; and WHEREAS, this burden should not be placed solely on the land owners, and property taxpayers of Harnett County citizens, working families, and retirees; and NOW, THEREFORE BE IT RESOLVED, that the Harnett County Board of Commissioners seek legislative authority to levy a two percent sales tax dedicated for school construction debt service, effective January 1, 2012 and to sunset on January 1, 2037. Adopted this 18th day of April 2011. Attest: aret Regin eeler, Clerk lt strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS thy B. McNeill, Chairman