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030612mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 6, 2012 The Harnett County Board of Commissioners met in regular session on Tuesday, March 6, 2012, 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 9:00 am. Commissioner Andrews led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Vice Chairman Hill moved to approve the agenda as published. Commissioner Burgin seconded the motion which passed unanimously. Regarding the staff attorney's request for approval of a lease agreement between the County of Harnett and Richard W. Gregory for lease of 39.73 acres off State Road 1510 (the former Harnett County Landfill) for hunting purposes; Commissioner Burgin asked staff to confirm that Mr. Gregory's Certificate of Insurance was up to date as those are typically renewed yearly. Regarding Budget Amendment 240 for Governing Body in the amount of $79,000; Commissioner Burgin requested an explanation of the additional expenses. Mrs Blinson explained the expenses were for extra work asked of Mr. Dwight Snow, financial advisory services in the amount of $33,277 by Davenport & Associates, US Bank fees of $5898 as well as covering an unanticipated invoice of $4,829 for Tharrington Smith for redistricting services. Commissioner Burgin requested detailed attorney reports to support extra attorney expenses. Mrs Blinson also noted this payment to Davenport & Associates is the only payment made to them this fiscal year. In reference to Budget Amendment 241 for Solid Waste in the amount of $8,360; Commissioner Burgin questioned the delay in reimbursing the Solid Waste Professional Services budget for the cost of the consultant fee (C.T. Clayton), on the landfill project. March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 or 8 Commissioner Burgin moved to approve the items on the consent agenda. Commissioner House seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: February 19, 2012 Regular Meeting 2. Budget Amendments: 222 Sheriff's Office Code 110 -5100- 420.60 -36 Uniforms 110- 0000 - 336.15 -00 Controlled Substance Tax 223 Solid Waste Code 580 -6600- 461.30 -04 580- 6600 - 461.33 -45 580- 0000 - 318.57 -01 580 -0000- 318.58 -00 580- 0000 - 318.59 -00 580- 0000 - 341.13 -00 233 General Services Code 110- 4600 - 410.11 -00 110- 4600 - 410.21 -01 110- 4600 - 410.21 -02 110- 4600 - 410.22 -00 110- 4600- 410.23 -00 110- 4600 - 410.26 -08 110 -4600- 410.60 -31 110- 4600 - 410.60 -33 Professional Services Contracted Services Solid Waste /Solid Waste Disposal Tax Other Taxes /Solid Waste Tire Tax Other Taxes /White Goods Tax Solid Waste/Recycled Goods Salaries & Wages Group Insurance Expense- Retires Group Insurance Expense- HRA FICA Tax Expense Retirement Worker's Compensation Gas, Oil, Auto Supplies Materials & Supplies 234 Parents as Teachers Programs Code 110- 7310 - 465.11 -00 Salaries & Wages 110- 7310- 465.21 -00 Group Insurance 110 -7310- 465.21 -02 Group Insurance HRA 110 -7310- 465.22 -00 FICA Tax Expense 110- 7310- 465.23 -00 Regular Retirement 110 -7310- 465.26 -08 Worker's Compensation 110- 7310- 465.55 -12 Printing & Binding 110 -7310- 465.58 -14 Travel Administration 110- 7310- 465.60 -33 Materials & Supplies 110- 7310- 465.60 -47 Food & Provisions 110 -7310- 465.60 -53 Dues & Subscriptions 110 -0000- 334.73 -10 Parents as Teachers Revenue Line 185 increase 185 increase 5,000 increase 80,000 increase 75,000 increase 44,000 increase 39,000 decrease 5,000 increase 3,170 increase 2,300 decrease 1,560 increase 238 increase 200 increase 420 increase 3,888 decrease 600 increase 15,295 decrease 3,350 decrease 835 decrease 880 decrease 950 decrease 925 decrease 100 increase 1,000 increase 8,560 increase 300 increase 600 increase 11,675 decrease March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 or 8 235 AMPI Unrecoverable Cost Project: CP1002 Code 246 - 8405- 465.35 -32 Unrecoverable Cost 246- 0000 - 334.72 -02 Planning - NCDENR AMPI 236 General Services Code 110 - 4600- 410.43 -21 Vehicle Repair/Main 110 -0000- 356.30 -00 Insurance Reimbursement 237 Health Department Code 110 -7600- 441.33 -26 Incentives 110- 0000 - 353.76 -05 Donations for Breast Cancer Awareness 238 Transportation Budget Code 110- 4650- 410.11 -05 110- 4650 - 410.11 -06 110- 4650- 410.54 -26 110- 4650 - 410.60 -57 Salaries & Wages /Overtime Salaries & Wages /Comp Time Payout Operating/Advertising Operating/Miscellaneous Expense 239 Social Services Department Code 110- 7710 - 441.80 -25 Medical Transportation 110- 7710- 441.80 -90 110 -7710- 441.80 -92 110 -0000- 330.77 -01 110- 0000 - 330.77 -08 Crisis Intervention LIEAP Social Services Administration Medical Transportation 240 Governing Body Code 110- 4100 - 410.30 -04 Professional Services 110- 000 - 399.00 -00 Fund Balance Appropriated 241 General Fund Code 110- 4155- 410.30 -04 Professional Service 110 -8701- 490.90 -16 Interfund Transfer- Solid Waste 242 Solid Waste Department Code 580 -6600- 461.30 -04 580 -0000 - 389.10 -00 244 Group Insurance Internal Code 902 - 9802 - 410.21 -02 902 - 0000 - 351.00 -00 902 - 0000 - 353.98 -03 902 - 0000 - 356.91 -06 902 - 0000 - 389.43 -19 Professional Services Interfund Transfer- General Fund Service Fund Group Insurance- HRA Miscellaneous Revenue Contributions- Group Insurance HRA Reimbursement- Settlement Refund Interfund Transfer 37,500 increase 37,500 increase 447 increase 447 increase 67 increase 67 increase 842 increase 658 increase 1,300 decrease 200 decrease 10,000 increase 253,022 increase 61 ,773 increase 314,795 increase 10,000 increase 79,000 increase 79,000 increase 8,360 decrease 8,360 increase 8,360 increase 8,360 increase 121,473 increase 14,673 increase 658,400 increase 106,800 increase 658,400 decrease March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 or 8 3) Tax refunds, rebates and releases (Attachment 1) 4) Proclamation for Relay For Life proclaiming April 27 -28, 2012 as "RELAY FOR LIFE DAYS" in Harnett County. 5) Public Utilities requested approval of write -offs for the 4th quarter of 2011 in the amount of $11,585.82. These are delinquent accounts determined to be at write -off status for the fourth quarter of 2011. All of these accounts have been delinquent for more than three years. The facilitation of these write -offs is an important step in a continuing effort to effectively manage their collections and bad debt. HCDPU is currently using the Local Government Debt Setoff Program and On -Line Collections, Inc. to help collect our their delinquent accounts. HCDPU has recovered over $371,000 in bad debt previously written off through the Debt Setoff Program. 6) Harnett Regional Jetport Administrator requested approval of a special air service organization (SASO) lease agreement that allows Executive Flight Training, Inc to operate a flight school at Harnett Regional Jetport. Executive Flight Training, Inc. will pay an annual fee of $900 to operate out of the airport. The Airport Committee recommended approval. 7) Staff Attorney, on behalf of General Services, requested approval of a lease agreement between the County of Harnett and Richard W. Gregory for lease of 39.73 acres off State Road 1510, 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 has the right of first refusal to extend the lease for ten additional terms of one year, provided he is not in default of the agreement. The annual rental amount during any such extension shall be agreed upon by the parties. Mr. Gregory's Certificate of Insurance is on file with HR/Legal. 8) Cooperative Extension requested permission to apply for a Pesticide Container Recycling Grant from the NC Department of Agriculture (NCDA) in the amount of $9,890.71 to house a Pesticide Container Recycling Unit on the back grounds of the Harnett County Agriculture Center. 9) Sheriffs Office requested permission to submit a new Governor's Highway Safety Program Equipment Grant. The Sheriff's Office will request to purchase equipment that will be used to conduct DWI checkpoints and other traffic checkpoints. The amount of this grant has not been determined yet but it will be funded 100 percent by the Governor's Highway Safety Program. 10) Sheriff's 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 by the Sheriff's Office in 2010. They must apply each year for the continuation of this grant. This is the third year of the grant and the county will be asked to provide March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 or 8 50% of the personnel cost. After the third year, Harnett County will be responsible for the funding of these positions. The cost for FY 2012 -2013 is approximately $57,746.32. This is an estimate that includes cost of living adjustments or increase cost of fringe benefits during FY 2012 -2013. 11) Sheriffs Office requested the authority to charge inmates a non - emergency medical service fee of $20.00 per incident. (N.C. G.S. 153A- 225(a) [NOTE: Pursuant to Session Law 2011 -145, House Bill 200, Section 31.26.(f), effective July 1, 2011. The maximum fee for non - emergency medical services increased to twenty dollars per incident.] The Sheriff's Office will establish a procedure for waiving fees for indigent inmates. The Harnett County Sheriff's Office and Harnett County Finance will develop procedures for the collection of these fees. 12) Sheriffs Office requested approval to donate a 2002 Dodge Van (VIN# 2B7LB31Z92K129944) with 206,154 miles to the Harnett United PALS Program. Deputy Mark Hornsby is the director of the Harnett United PALS Program. Sheriff Rollins has spoken with Jerry Blanchard, Director of General Services, regarding this matter. Harnett United PALS will title the vehicle in their organizational name and take full responsibility for all needed maintenance, repairs, title charges and insurance requirements. Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Mr. Ronald Thomas, Vice President of the Sandhills Antique Farm Equipment Club, thanked commissioners for their help and continued interest and invited them to attend the upcoming Sandhills Antique Farm Show on March 17, 2012 as well as their breakfast and church service scheduled for March 18, 2012. Mr. Thomas noted that the club would be hosting an educational day for fifth- graders soon. Mr. Thomas also asked commissioners to considerable allowing visitors to use the paved parking lot of the Harnett County Transportation Building during their shows as he feels roping off the lot and not allowing access gives a negative image. Commissioner Andrews moved to approve the appointments listed below. Vice Chaint"an Hill seconded the motion which passed unanimously. DANGEROUS DOG COMMITTEE Daniel Glover (nominated by Commissioner House) was appointed to serve on this committee for a term of three years ending February 28, 2015. JUVENILE CRIME PREVENTION COUNCIL Lynn Lambert and Beatrice Hill (nominated by Commissioner Andrews) were reappointed to serve on this council for an additional term of two years. Mrs. Hill's tent" will expire January 31, 2014 and Mrs. Lambert's tent" will expire February 28, 2014. March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 or 8 Superintendent Tom Frye, on behalf of the Harnett County Board of Education, requested the authority to transfer funds in the amount of $300,000 from their Current Expense Fund to their Capital Outlay Fund. The purpose of the transfer is to complete the design and planning phase of a new middle school to be located in the Highland area of Harnett County. This request was approved by the Harnett County Board of Education on March 5, 2012. Commissioner Andrews moved to approve the Board of Education's request to transfer $300,000 from their Current Expense Fund to their Capital Outlay Fund. Vice Chairman Hill seconded the motion which passed unanimously. Superintendent Tom Frye, on behalf of the Harnett County Board of Education, requested permission to submit an application for additional Qualified School Construction Bonds (QSCB) in the amount of $9 Million. Mr. Frye noted that they were not guaranteed to receive authority over the additional funds. This approval would only allow the Board of Education to move forward with the application attempting to reserve the funds; this is not authorization to construct. The Board of Education is required to come back before the Board of Commissioners to request permission to accept these funds. Mr. Frye, referencing the latest Davenport & Company report, estimated the annual payment on $31 Million of zero interest QSCB money would be approximately $1.2 Million in the beginning, increasing to approximately $1.8 Million in 2016 and then descending slightly throughout the life of the loan which would be 15 to 20 years. Commissioner Burgin questioned if enough savings could be driven out of the county's budget to afford paying up to $1.8 Million in annual payment if this middle school is constructed. Commissioner Andrews voiced concern about new construction delaying needed improvements in existing schools. Mr. Frye reported he and his staff had looked at redistricting but the time and cost of transportation alone would be absorbent. Mr. Frye also noted if every middle school seat in the county was filled it still wouldn't meet the current needs. Commissioner Burgin moved to authorize the Board of Education to apply for $9 Million in QSCB funds. Commissioner House seconded the motion which passed unanimously. Chairman McNeill recognized Mr. John Rouse Jr., Director of the Harnett County Department of Public Health, who was recently named the 2012 Health Director of the Year for North Carolina. Mr. Rouse was given the award in recognition of his leadership in public health at the local and state level. Mr. Walter Massey, Chairman of the Harnett County Board of Elections, introduced Mr. Ted Halstead as the new Director of the Harnett County Board of Elections. Mr. Massey also thanked the staff of the Harnett County Board of Elections for their efforts during transition. Mr. Halstead addressed the Board noting how happy he and his wife are to be in Harnett County. Mr. Halstead recently retired as a Senior Foreign Service Officer at the rank of FE -OC after 25 years with the US State Department. March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 or 8 Mr. Sauer presented the following report: • Sandhills Center Quarterly Fiscal Report - period ending December 31, 2011 Mr. Sauer also reminded the group of their next special session which should be fairly involved scheduled for Tuesday, March 13, 2012. Commissioner House moved that the Board go in to closed session to 1) consider and give instruction to county legal staff concerning the handling of a certain claim and potential legal action, and 2) to discuss certain personnel matters and that Public Utilities' representatives Steve Ward and Glenn McFadden be invited to attend this closed session. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(3)(6). Vice Chairman Hill seconded the motion which passed unanimously. Vice Chairman Hill moved that the board come out of closed session. The motion was seconded by Commissioner Andrews and passed unanimously. Chairman McNeill called for any new business. Commissioner Burgin moved that the county give S.A.F.E. $10,002. Commissioner House seconded the motion which failed 3 to 2. Chairman McNeill moved that the subject of S.A.F.E. and funding not be mentioned again until after the budget was adopted. The Harnett County Board of Commissioner's Rules of Procedures does allow a motion "To Prevent Reconsideration for Six Months. The motion shall be in order only immediately following the defeat of a substantive motion. It requires a vote equal to a quorum and is valid for six (6) months or until the next regular election of County Commissioners, whichever occurs first." Commissioner Andrews seconded the motion. Mr. Snow agreed with the procedure but voiced concern with extending the motion to the general subject matter of anything involving S.A.F.E. and funding. Chaiinian McNeill withdrew his motion. Commissioner House asked about the county's policy on dry -taps? He thought a landlord with vacant rental property was allowed 12- months before being charged the $17.50 monthly fee. Commissioner Burgin asked Tim McNeill, Scott Sauer, Dwight Snow and Jennifer Slusser if they knew of any reason why information would have been left out of the Poyner & Spruill investigation; was Poyner & Spruill told to leave anything out? Commissioner Burgin reported that Ricky Temple said he gave over six and a half hours of testimony and turned over multiple documents to the Poyner & Spruill investigator and Oris Knight said he gave over four hours of testimony and none of it is included in the report and Commissioner Burgin wants to know why. Commissioner Burgin moved that the board request a refund of $75,000 from Poyner & Spruill as they did not report significant findings to this Board. Commissioner House seconded the motion. Chairman McNeill moved to table the motion stating Poyner & Spruill should be given an opportunity to respond to the inquiry as the infolivation in question may have been addressed. Commissioner Andrews seconded the motion which passed 3 to 2. March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 or 8 Commissioner Burgin moved to adjourn the meeting at 10:03 am. Commissioner Andrews seconded the motion which passed unanimously. Timothy McNeill, Chairman ! .'A . r , eeler, Clerk March 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 or 8 Attachment 1 >?` 5rovre by the 11. men Board of Cofrmisg'br38Yi' Board Report Date : 03/06/2012 Approved By : J-6-/a TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Gilt Tajo °Interest "end Penalties 1 ame of Tax Payer, DEATHERAGE, BILLY JACK 350 DEXTER LN APT 202 0001780128- 2010- 2010- 000000 FAYETTEVILLE NC 28314 -0467 FAYETTEVILLE NC, 28314 - 0467 2 DWYER, KENNETH MICHAEL 27 ANDERSON LAKE DR 0001896818- 2011- 2011- 000000 SPRING LAKE, NC 283909480 SPRING LAKE, NC, 28390 - 9480 3 GREGORY, MORGAN FAITH 250 AUTUMN BREEZE LN 0001411685- 2010- 2010- 000000 FUQUAY VARINA NC, 27526 - 0000 4 GREGORY, MORGAN FAITH 250 AUTUMN BREEZE LN 0001411685- 2011- 2011- 000000 FUQUAY VARINA NC, 27526 - 0000 5 HIMES, JOHN THOMAS HIMES, MARISSA H 0001896026- 2011- 2011- 000000 226 BELLA HOWINGTON DR LILLINGTON, NC, 27546 - 5668 6 HIMES, JOHN THOMAS HIMES, MARISSA HASSETT 0001896505- 2011- 2011- 000000 226 BELLA HOWINGTON DR LILLINGTON, NC, 27546 - 5668 7 HOLMES, GUY S 231 PRESTIGE DR 0001899791- 2011- 2011- 000000 CAMERON, NC 283266580 CAMERON, NC, 28326 - 6580 8 HOWELL, LADONNA MAE 218 PINEWINDS DR 0001900411- 2011- 2011- 000000 SANFORD, NC, 27332 - 6697 9 HYATT, DAVID CLAYBURN HYATT, HEIDI BROWER 0001789855- 2011- 2011- 000000 1709 PONDEROSA TRL CAMERON, NC, 28326 - 5009 10 LETT, GLADYS PO BOX 1564 0000031316- 2007- 2007- 000000 DUNN NC 283350000 DUNN NC, 28335 11 LETT, GLADYS PO BOX 1564 0000031316- 2008- 2008- 000000 DUNN NC 283350000 DUNN NC, 28335 12 LETT, GLADYS PO BOX 1564 DUNN NC 283350000 0000031316- 2009- 2009- 000000 DUNN NC, 28335 13 LETT, GLADYS PO BOX 1564 0000031316- 2010- 2010- 000000 DUNN NC 283350000 DUNN NC, 28335 14 LETT, GLADYS PO BOX 1564 0000031316- 2011- 2011- 000000 DUNN NC 283350000 City County City County City County City County City County City County City County City County City County City County City County City County City County City County 0.00 203.19 0.00 5.65 0.00 253.89 0.00 253.89 0.00 68.53 0.00 17.53 0.00 242.16 0.00 9.08 0.00 2.22 0.00 107.21 0.00 114.71 0.00 135.91 0.00 137.23 0.00 137.21 Request Status 203.19 Refund 5.65 Refund 253.89 Refund 253.89 Refund 68.53 Refund 17.53 Refund 242.16 Refund 9.08 Refund 2.22 Refund 107.21 Refund 114.71 Refund 135.91 Refund 137.23 Refund 137.21 Refund Military Exemption Military Exemption Value Decrease Value Decrease Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease DUNN NC, 28335 15 LYNN, TRACY LARSEN 65 BLUE PINE DR SPRING LAKE, NC 283909176 SPRING LAKE, NC, 28390 - 9176 16 LYNN, TRACY LARSEN 65 BLUE PINE DR SPRING LAKE, NC 283909176 SPRING LAKE, NC, 28390 - 9176 17 POLLARD, RONNIE N POLLARD, BETTY J 86 PARTIN ROAD DUNN NC, 28334 WIA. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0001787505- 2010- 2010- 000000 0001787505 -2011- 2011 - 000000 0000015623- 2011 -2011- 000000 City 0.00 County 316.38 City 0.00 County 308.54 City 0.00 County 100.00 City Total County Total Total to be Refunded 316.38 Refund 308.54 Refund Military Exemption Military Exemption Release 2 Solid Waste Fees; Only one home on 100.00 Refund property 0.00 2,413.33 2,413.33