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100112mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 1, 2012 The Harnett County Board of Commissioners met in regular session on Monday, October 1, 2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Timothy B. McNeill, Chaiuuan Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Jim Burgin, Commissioner Member absent: Gary House, Commissioner Staff present: 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 Burgin led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Commissioner Andrews moved to approve the agenda as presented. Vice Chairman Hill seconded the motion which passed unanimously. Commissioner Burgin moved to approve the items on the consent agenda. Vice Chairman Hill seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: - September 25, 2012 Special Session - September 17, 2012 Regular Meeting - April 4, 2011 Regular Meeting - January 10, 2011 Regular Meeting - July 19, 2010 Regular Meeting 2. Budget Amendments: 88 WIA Youth Program Code 245- 7406 - 465.35 -26 Participants Cost 234 - 7406 - 465.12 -02 Participants Salaries 234 - 7406 - 465.22 -01 FICA 2,458 decrease 6,248 increase 650 increase Harnett County Board of Commissioners October 1, 2012 Regular Meeting Minutes Page 1 of 5 88 WIA Youth Program continued Code 234 - 7406 - 465.26 -08 Workers Comp 234 - 7408 - 465.35 -26 Participants Cost 234 - 7408 - 465.12 -02 Salaries 234 - 7408 - 465.22 -01 FICA 234 - 0000 - 331.74 -06 Sampson Youth In School 234 - 0000 - 331.74 -08 Sampson Youth Out School 90 Sheriff's Department Code 110 -5100- 420.74 -74 Capital Outlay 110- 0000 - 356.30 -00 Insurance Claims 92 SFR 2010 Proiect CP1007 Code 399 - 8300 - 465.85 -16 Administration 399 - 8300 - 465.85 -70 Rehab Activities 399 - 0000 - 331.83 -04 NC Housing Finance Agency 93 Sheriff's Department Code 110 -5100- 420.60 -33 Materials & Supplies 110- 0000 - 351.51 -01 Sale of Used Brass 94 Public Utilities PU0704 Ft Bragg W &WW Code 568- 9100 - 431.46 -04 Sullivan Eastern 568- 9100 - 431.45 -80 Contingency 95 Anderson Creek Park Project CP1203 Code 327 - 8300 - 450.45 -80 Contingency 327 - 8300 - 450.45 -20 Legal & Adminstration 60 increase 6,300 decrease 1,500 increase 300 increase 4,500 increase 4,500 decrease 655 increase 655 increase 1,466 decrease 13,200 increase 11,734 increase 1,803 increase 1,803 increase 17,600 increase 17,600 decrease 2,000 decrease 2,000 increase 96 Scattered Site Housing 2011 CP1204 Code 328 - 8300 - 465.85 -70 Rehabilitation Activities 190,000 decrease 328 - 8300 - 465.85 -16 Administration 7,000 decrease 328 - 8300 - 465.85 -25 Planning 7,000 increase 328 - 8300 -46- 5.85 -26 Reconstruction 175,000 increase 328 - 8300 - 465.85 -53 Clearance 10,000 increase 328 - 8300 - 465.85 -11 Temporary Relocation 5,000 increase 99 JCPC Court Psychologist Code 110 -5899- 420.35 -25 Court Psychologist 110- 0000 - 399.00 -00 Fund Balance Appropriated 100 Sheriff s Department Code 110 -5100- 40.32 -27 Drug Program 110- 0000 - 336.15 -00 Controlled Substance Tax 39 decrease 39 decrease 5,044 increase 5,044 increase Harnett County Board of Commissioners October 1, 2012 Regular Meeting Minutes Page 2 of 5 101 Cultural & Recreation Appropriations Department Code 110- 8199- 450.35 -68 Coats Chamber of Commerce 110 - 8800 - 490.32 -16 Contingency 103 Public Utilities PU0704 Ft Brae W &WW Code 568 -9100- 431.43 -16 Maintenance & Repair — Equipment 568- 9100- 431.45 -80 Contingency 3. Tax refunds, rebates and releases (Attachment 1) 5,000 increase 5,000 decrease 15,000 increase 15,000 decrease 4. Sheriff's Office requested permission to submit a grant request to the North Carolina Governor's Crime Commission. The grant funds will be used to purchase equipment and items to be used to present classes to educate drivers at local high schools about the dangers of driving under the influence, texting while driving, and to educate high school students about the dangers and consequences associated with the use of bath salts, abuse of prescription medications and use of illicit drugs. 5. Staff Attorney requested approval of resolution declaring intent to close public road or easement and to call a public hearing on the question. S.H.C. Holdings, Inc. has requested road closure for portion of McKay Street /Hartwell Circle in Buies Creek and Campbell University, Inc. does not object to the request. (Attachment 2) 6. County Engineer requested approval of resolution requesting funds from the Legislative Contingency Funds for Highland Middle School (Attachment 3) Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Joe Miller, 136 Vick Keith Road, said the Sanford City Council recently took prayer out of all of their meetings and asked if that is something that would ever happen in this building. Chairman McNeill said not with this board. Vice Chairman Hill moved to approve the appointments listed below. Commissioner Andrews seconded the motion which passed unanimously. Commissioner Burgin nominated the following appointments to serve as the Local Firemen's Relief Fund Trustees: Spout Springs Emergency Services George Williams Robert Doberstein Anderson Creek Emergency Elizabeth Rodriguez Robby Fink Erwin Fire Department Ricky Blackmon John Wilkins Flat Branch Volunteer Fire Department Ron Burgess Holt Felment Flatwoods Community Fire Department Jamey Roberts Cecil McNeill Coats -Grove Fire and Rescue, Inc. Todd Pope Jay Smith Harnett County Board of Commissioners October 1, 2012 Regular Meeting Minutes Page 3 of 5 Buies Creek Rural Fire Department Waymon Byrd Marshal Kornegay Summerville/Bunnlevel Fire & Rescue, Jerry Cornelius Sharon O'Quinn Benhaven Emergency Gary Briggs Margaret H. Douglas Averasboro /Dunn Emerg. Services Arnold B. Barefoot, Sr. Richard E. Hedgepeth Angier & Black River Fire Depai tment Jody Milliron Harold Flowers, Jr. Inc. Boone Trail Emergency Vernon Cox Donald O'Quinn Northwest Harnett Volunteer Fire Dept. Craig McKinney Richard Braswell Phyllis Owens, Director of Harnett County Economic Development, distributed a letter regarding joining a coalition against tolling for I -95. Mrs. Owens said she had contacted industries in Harnett County via e -mail regarding this issue but had not received any response yet but feels certain Food Lion will have a reaction. She noted NC DOT has estimated it could cost $0.20 cents per mile for some companies to drive trucks on the interstate which will total millions of dollars of impacts for some companies and plants. She said the smallest impact seems to be $300,000 a year. Mrs. Owens asked if this board would like to take a position on tolling or non - tolling on I -95. Mr. Sauer confirmed the cost to join the coalition is $1000 for business /government memberships. Mrs. Owens noted the Board could take a position regarding the matter without joining the coalition. Mrs. Owens noted this was the only interstate being considered for tolling and not other routes such as I -85, I -40 or I -77. Commissioner Burgin said he thought we should send a letter of support and it was the consensus of the Board not to spend funds to join the coalition however requested staff to research further and bring back a resolution for their consideration. Mr. Sauer presented the following report: - August 2012 Planning Services Report Mr. Sauer reminded the Board of their upcoming joint meeting with the Board of Education on October 4, 2012 at 7:00 pm at Overhills High School. Mr. Sauer also reminded the group of their upcoming work session scheduled on Tuesday, October 9, 2012. Mr. Sauer recently shared a proposed offer to purchase county land which will be discussed at the upcoming work session. Mr. Sauer told commissioners Mr. Greg Burns, NC DOT, is scheduled to give a project update on the Kipling Crossing at 10:00 am on Wednesday, October 17, 2012, in the Board of Commissioners meeting room. There was no need for closed session. Chairman McNeill called for any new business. Commissioner Burgin questioned when a resolution is passed to change a meeting date, time or place as he believes this has not been Harnett County Board of Commissioners October 1, 2012 Regular Meeting Minutes Page 4of5 properly done for the recent changes in meeting times and locations. Staff clarified a resolution is done when changing the meeting date, time or place of a regular scheduled meeting however the chaiinian or majority of board members may at any time call a special meeting of the Board by signing a notice stating the time and place of the meeting and the subjects to be considered. Commissioner Burgin asked when commissioners would receive a report on the on -going investigations and asked who was receiving updates on this currently. Mr. Sauer responded that only he receives "status checks" via Jennifer Slusser who serves as a liaison with the law firm. Commissioner Burgin asked that the Board be given an update report to see where we are financially and what is going on with this. Vice Chairman Hill moved to adjourn the meeting at 9:14 am. Commissioner Andrews seconded the motion which passed unanimously. Following adjournment, Mr. Sauer recognized present Mr. Marty Clayton with Progress Energy. Commissioner Burgin asked Mr. Clayton's opinion regarding the proposed tolling of I -95. Mr. Clayton said he wanted to further review the issue but they typically go with the opinion of the Regional Transportation Alliance. Mr. Clayton did say they can ask for an exemption from such during an emergency. Timothy B. McNeill, Chaiiivan Margaret Regina Wheeler, Clerk Harnett County Board of Commissioners October 1, 2012 Regular Meeting Minutes Page 5 of 5 properly done for the recent changes in meeting times and locations. Staff clarified a resolution is done when changing the meeting date, time or place of a regular scheduled meeting however the chairman or majority of board members may at any time call a special meeting of the Board by signing a notice stating the time and place of the meeting and the subjects to be considered. Commissioner Burgin asked when commissioners would receive a report on the on -going investigations and asked who was receiving updates on this currently. Mr. Sauer responded that only he receives "status checks" via Jennifer Slusser who serves as a liaison with the law firm. Commissioner Burgin asked that the Board be given an update report to see where we are financially and what is going on with this. Vice Chairman Hill moved to adjourn the meeting at 9:14 am. Commissioner Andrews seconded the motion which passed unanimously. Following adjournment, Mr. Sauer recognized present Mr. Marty Clayton with Progress Energy. Commissioner Burgin asked Mr. Clayton's opinion regarding the proposed tolling of I -95. Mr. Clayton said he wanted to further review the issue but they typically go with the opinion of the Regional Transportation Alliance. Mr. Clayton did say they can ask for an exemption from such during an emergency. ZA1 cNeill, Chairman eeler, Clerk Harnett County Board of Commissioners October 1, 2012 Regular Meeting Minutes Page 5 of 5 Attachment 1 Board Report Date : 10/01/2012 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES ,7 Ho ` �� Mama of'tax Payer 1 CONTRERAS, VIRGINIA CONTRERAS, MAURO 24 MEADOW WOOD CT ANGIER NC, 27501 - 0000 2 CONTRERAS, VIRGINIA CONTRERAS, MAURO 24 MEADOW WOOD CT ANGIER NC, 27501 - 0000 3 CONTRERAS, VIRGINIA CONTRERAS, MAURO 24 MEADOW WOOD CT ANGIER NC, 27501 - 0000 Approved by the Harnett '; ounty Board of Commissionery A Approved By : R 0 C WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000020876- 2009- 2009- 000000 0000020876 - 2010 -2010- 000000 City 0.00 County 516.43 City 0.00 County 516.43 City 0.00 0000020876- 2011- 2011- 000000 516.43 Refund County 516.43 516.43 Refund 516.43 Refund City Total County Total Total to be Refunded 0.00 1,549.29 1,549.29 Value Decrease Value Decrease Value Decrease :App, oved by the Harnett '.;aunty Board of Comrnissione.rs Board Repo Date : 10/01/2012 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES dame oPayer Approved By :1))0(/ No 1 ALLEN, TRACY L 68 BUCK ROAD LILLINGTON NC, 27546 - 0000 2 ALTMAN, CHRISTOPHER ALLEN 250 ARNOLD DR FORT BRAGG NC, 28307 3 BAILEY, ADELINE 503 LOST TREE COURT FAYETTEVILLE NC, 28314 - 0000 4 CAVINESS LAND DEVELOPMENT INC 559 EXECUTIVE PL STE 101 FAYETTEVILLE NC 283055154 FAYETTEVILLE NC, 28305 5 ELLIOTT, MARTHA 6805 VALLEY PARK RD SEAT PLEASANT MD, 20743 - 0000 6 FAIRCLOTH, ANDREA 224 BEALE DRIVE BROADWAY NC, 27505 - 0000 7 FAIRCLOTH, ANDREA 224 BEALE DRIVE BROADWAY NC, 27505 - 0000 8 FAIRCLOTH, ELVIS G FAIRCLOTH, ANDREA 5104 COOL SPRINGS ROAD BROADWAY NC, 27505 - 0000 9 FAIRCLOTH, ELVIS G FAIRCLOTH, ANDREA 5104 COOL SPRINGS ROAD BROADWAY NC, 27505 - 0000 10 FAIRCLOTH, ELVIS G FAIRCLOTH, ANDREA 5104 COOL SPRINGS ROAD BROADWAY NC, 27505 - 0000 0000049251- 2012- 2012- 000000 0001877015- 2010- 2010- 000000 0000002377- 2012- 2012- 000000 0001782616 -2012- 2012 - 000000 0000016468- 2012- 2012- 000000 0000006989- 2010 -2010- 000000 0000006989 - 2011 -2011- 000000 0000006989- 2007- 2007- 000000 0000006989- 2008- 2008- 000000 0000006989- 2009- 2009- 000000 City 0.00 County 70.00 City 0.00 County 0.00 City 0.00 County 70.00 City 0.00 County 191.23 City 0.00 County 70.00 City 0.00 County 180.00 City 0.00 County 200.00 City 0.00 County 150.00 City 0.00 County 180.00 City 0.00 County 180.00 70.00 Refund 138.60 Refund 70.00 Refund 191.23 Refund 70.00 Refund No Dwelling on Property; Solid Waste Fee Refunded Military Exemption Error in Software Value Decrease Error in Software Only Six Mobile Homes on Property; Release 180.00 Refund Four Solid Waste Fees Only Six Mobile Homes on Property; Release 200.00 Refund Four Solid Waste Fees Only Six Mobile Homes on Property; Release 150.00 Refund Four Solid Waste Fees Only Six Mobile Homes on Property; Release 180.00 Refund Four Solid Waste Fees Only Six Mobile Homes on Property; Release 180.00 Refund Four Solid Waste Fees 11 HALE, JOSEPH D HALE, USA 5683 NC 217 ERWIN NC, 28339 12 JOHNSON, MICHAEL A 5300 HARVEST HILL DRIVE HARRISBURG NC, 28075 - 0000 13 KIMBLE, ALDEN WINFIELD KIMBLE, JEAN MARIAN 51 EDNA JOHN CT DUNN, NC, 28334 - 5980 14 LASSITER LAURA P & TRUSTEE 563 DOWNING DRIVE DANVILLE VA, 24541 - 0000 15 MCBRIDE, RICHARD D 369 REGIMENTAL DR CAMERON, NC 283266254 CAMERON, NC, 28326 - 6254 16 SPOONER, JAMIE BRYAN SPOONER, SYBIL LYNNE 54 WELLSTONE DR SANFORD, NC, 27332 - 2529 17 SWIFTCREEK FILMS 50 ALVIS CT FUQUAY VARINA NC 27526 FUQUAY VARINA NC, 27526 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000031096- 2012- 2012- 000000 0000027698 -2012- 2012 - 000000 0001293480- 2006- 2006- 000000 0000030472- 2012- 2012- 000000 0001683993- 2011- 2011- 000000 0001883478 -2012- 2012- 000000 0001859037- 2011- 2011- 000000 City 0.00 County 70.00 City 0.00 County 70.00 City 0.00 County 7.40 City 0.00 County 70.00 City 0.00 County 8.00 City 0.00 County 86.78 City 0.00 County 3.18 City Total County Total Total to be Refunded 70.00 Refund 70.00 Refund 7.40 Refund 70.00 Refund 8.00 Refund 86.78 Refund 3.18 Refund 0.00 1,606.59 1,606.59 Error in Software Error in Software Value Decrease Error in Software Military Exemption Military Exemption Double- Listed ATTACHMENT 2 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS DECLARING ITS INTENT TO CLOSE PUBLIC ROAD OR EASEMENT AND CALLING A PUBLIC HEARING ON THE QUESTION Whereas, the Harnett County Board of Commissioners has been asked to close the below referenced public road or easement by S.H.C. Holdings, Inc.; and Whereas, the provisions of North Carolina law require that a resolution be adopted by the Board of Commissioners declaring the intent of said board to close such public road or easement; and Whereas, said Board is required by North Carolina law to call a public hearing on the question and to hear all interested persons who appear with respect to whether the closing would be detrimental to the public interest or to any individual property rights. NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners as follows: 1. It is declared to be the intent of the Harnett County Board of Commissioners to close the public road or easement which has hereto served as a portion of undeveloped right of way known as McKay Street and SR 1570 (Hartwell Circle) as herein described. The public road or easement to be closed is 300 feet of the eastern portion of McKay Street (undeveloped right of way) and SR 1570 (Hartwell Circle) located in Buies Creek, North Carolina which is undeveloped and dead ends into Campbell University, Inc.'s tennis complex and is more specifically described on the attached Exhibit A. 2. A public hearing on the proposed closing of said public road or easement shall be conducted by the Harnett County Board of Commissioners at 9:00 a.m. on the 5th day of November, 2012, at which time said Board shall hear all interested persons who appear with respect to whether the closing would be detrimental to the public interest or to any individual property rights. Said public hearing shall be conducted in the assembly room of the Harnett County Office Building, 102 E. Front Street, Lillington, North Carolina 27546. 3. Notice of said public hearing shall be given as provided in North Carolina General Statute 153A -241. (The remainder of this page left blank intentionally) Duly adopted by the Harnett County Board of Commissioners this 1st day of October, 2012. a�yhti��� t P �� cF d c. B /7 , r' : diWif Attest: -4E4, L Marga et Regina 7heeler, Clerk HARNETT COUNTY BOARD OF COMMISSIONERS cNeill, Ghanaian Cx11:10,+ W LEGAL DESCRIPTION Petition for Road Closure for Undeveloped Section of McKay Street All that tract or parcel of land lying or being in the Buies Creek, Neill 's Creek Township, Harnett County North Carolina and being more particularly described as follows: Beginning at a point on the southern margin of McKay Street a 30' undeveloped right -of -way, said point being located North 66 degrees 00 minutes 00 seconds West for a distance of 7.77 feet from the northeast corner of Lot 24 of Hartwell Campbell Property Division and the intersection of the western margin of Hartwell Circle and McKay Street as described in Map Book 6, Page 12, Harnett County Registry as well as the northeast corner of SHC Holdings, Inc. as described in Tract Three of Deed Book 2536, Page 224, Harnett County Registry and runs thence with the southern margin of said McKay Street (undeveloped) and the northern line of said SHC Holdings, Inc. North 66 degrees 00 minutes 00 seconds West for a distance of 296.23 feet to a point, said point being the northwest corner of Lot 52 of said Hartwell Campbell Division and said SHC Holdings, Inc. in the eastern line of Campbell University as described in Deed Book 487, Page 190, also being the former eastern margin of Parrish Street which is now closed; THENCE with the eastern line of said Campbell University and the former eastern margin of Parrish Street North 16 degrees 50 minutes 00 seconds East for a distance of 30.24 feet to a point in the northern margin of said McKay Street (undeveloped), said point also being the southwest corner of Lot 1 of the Ben F. Mcleod Division as described in Map Book 8, Page 37 and R.L. Pryor and wife Jean N. Pryor as described in Deed Book 876, Page 525, both in the Harnett County Registry; THENCE with the northern margin of said McKay Street (undeveloped) and the southern line of said Pryor and SHC Holdings, Inc. South 66 degrees 00 minutes 00 seconds East for a distance of 300.00 feet to a point, said point being the southeast corner of Lot 6 of said Ben F. McLeod Division and SHC Holdings, Inc. as described in Tract One of Deed Book 2536, Page 224, Harnett County Registry and the southwest corner of Robert H. Crabtree and as described in Deed Book 1138, Page 938, Harnett County Registry; THENCE a computed line South 24 degrees 00 minutes 00 seconds West for a distance of 30.00 feet to The Point and Place of BEGINNING; Said property contains 0.205 acres more or less. The foregoing description was prepared by: Stancil & Associates Professional Land Surveyors, P.A. C -0831 98 East Depot Street P. O. Box 730, Angier, N.C. 27501 Phone: 919- 639 -2133 Fax: 919- 639 -2602 \DATA \LHNC 1065 \ROADCLOSURE.DOC ATTACHMENT 3 Harnett C O U NTY www.harnett.org HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING FUNDS FROM THE LEGISLATIVE CONTINGENCY FUNDS FOR HIGHLAND MIDDLE SCHOOL WHEREAS, Harnett County is funding the construction of Highland Middle School which includes the construction of a new access road, Highland School Road, and turn lane improvements on Buffalo Lakes Road; WHEREAS, Highland Middle School is needed to relieve overcrowding at the existing middle schools and will have a capacity of 1000 students; WHEREAS, Harnett County is planning to issue Qualified School Construction Bonds to finance the construction of Highland Middle School and has requested $50,000 in Public Access Funds from the North Carolina Department of Transportation; WHEREAS, there are not sufficient funds at this time to complete the entire scope of the project; WHEREAS, Highland School Road and turn lane improvements on Buffalo Lakes Road are needed to provide safe access to Highland Middle School and improve traffic patterns at the existing Highland Elementary School; WHEREAS, the cost opinion for the completion of Highland School Road and turn lane improvements on Buffalo Lake Road is $382,833. NOW THEREFORE, BE IT HEREBY RESOLVED by the Harnett County Board of Commissioners that a request for funds from the legislative contingency fund from the North Carolina General Assembly be made in the amount of $332,833. ATTAT: Margart Regina eeler, Clerk HARNETT COUNTY BOARD OF COMMISSIONERS By: strong roots • new growth imothy B. McNeill, Chainnan