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051704m (2) HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 17, 2004 The Harnett County Board of Commissioners met Monday, May 17, 2004, in regular session in Courtroom 6, Harnett County Courthouse, 301 West Cornelius Harnett Boulevard, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 7:00 p.m. and Commissioner Hill led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with the following changes: add to the consent agenda request from Pleasant Grove Church for waiver of landfill tipping fee to dispose of old shingles, and request from Spout Springs Emergency Services for authorization to purchase a truck; delete item 10 regarding road relocation project at the Airport. Commissioner McNeill seconded the motion and it passed unanimously. Upon motion by Commissioner McNeill and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, May 3, 2004 Special Session, May 5, 2004 (joint meeting with legislators) Special Session, May 5, 2004 (presentation of Budget Message) Emergency Meeting, May 7, 2004 (resolutions regarding General Obligation Refunding Bonds for water & sewer districts) Special Session, May 14, 2004 (budget workshop) 2. Budget amendments: 452 Emergency Services (Fund 110-General) Code 110-5300-420.60-46 Medical Supplies 2,000 decrease 110-5300-420.60-36 Uniforms 1,300 decrease 110-5300-420.74-74 Capital Outlay 3,300 increase 459 Tax (Fund 110-General) Code 110-0000-370.21-00 Loan Proceeds/Rental Lease 300,000. increase 110-4500-410.73-01 Equipment-Not Capitalized 300,000. increase 461 Solid Waste (Fund 580-Solid Waste) Code 580-6600-461.74-71 Capital Outlay – Land 12,676. increase 580-0000-318.59-00 White Goods Tax 30,000. increase 580-0000-399.00-00 Fund Balance Appropriated 17,324. decrease 463 Education (Fund 110-General) Code 110-8600-480.31-09 Fines & Forfeitures 63,000. increase 110-0000-379.10-00 Fines & Forfeitures 63,000. increase 464 Governing Body (Fund 110-General) Code 110-4100-410.32-68 Board Meeting Compensation 10,000. increase 110-0000-399.00-00 Fund Balance Appropriated 10,000. increase 466 Southwest Regional Transmission Project (Fund 559-“PU0002”) Code 559-0000-314.50-00 Sales Tax Refund-“PU0002” 97,042. increase 599-0000-334.42-00 NC Water Grant-“PU0002” 2,000,000. increase 559-0000-353.25-01 Moore County-“PU0002” 1,333,411. increase 559-0000-361.10-00 Interest-Centura-“PU0002” 34,881. increase 559-0000-361.40-00 Interest-First Union-“PU0002” 1,537. increase 559-0000-361.50-00 Interest-First Citizens-“PU0002” 11,481. increase 559-0000-370.73-00 NC DENR Water Bonds- “PU0002” 1,000,000. increase 559-0000-370.80.00 Bond Premium-“PU0002” 9,916. increase 559-0000-370.81-00 2002 COPS Issues- “PU0002” 1,035,000. increase 559-0000-389.50.00 Interfund Transfer-HCDPU- “PU0002” 537,000. increase 559-9100-431.45-05 Contract 4-“PU0002” 3,321,389. increase 559-9100-431.45-06 Contract 5-“PU0002” 258,330. increase 559-9100-431.45-07 Contract 6-“PU002” 479,322. increase 559-9100-431.45-12 Electrical-“PU0002” 139,203. increase 559-9100-431.45-20 Legal & Administrative- “PU0002” 8,326. increase 559-9100-431.45-22 Issuance Cost-“PU0002” 11,290. increase 559-9100-431.45-30 Technical-“PU0002” 250,000. increase 559-9100-431.45-34 Bond Issuance”PU0002” 4,347. increase 559-9100-431.45-40 Land & Right-“PU0002” 25,000. increase 559-9100-431.45-70 Interest During Construction- “PU0002” 146,000. increase 559-9100-431.45-80 Contingency-“PU0002” 1,075,061. increase 559-9100-431.90-30 Interfund Transfer-HCDPU- “PU0002” 342,791. increase 542-0000-314.50-00 Sales Tax Refund-REGIII” 97,042. decrease 542-0000-334.42-00 NC Water Grant-“REGIII” 2,000,000. decrease 542-0000-353.25-01 Moore County-“REGIII” 1,333,411. decrease 542-0000-361.10-00 Interest-Centura’”REGIII” 34,881. decrease 542-0000-361.40-00 Interest-First Union-“REGIII” 1,537. decrease 542-0000-361.50-00 Interest-First Citizens-“REGIII” 11,481. decrease 542-0000-370.73-00 NC DENR Water Bonds- “REGIII” 1,000,000. decrease 542-0000-370.80-00 Bond Premium-“REGIII” 9,916. decrease 542-0000-389.81-00 2002 COPS Issues-“REGIII” 1,035,000. decrease 542-0000-389.50-00 Interfund Transfer-HCDPU- “REGIII” 537,791. decrease 542-9101-431.45-05 Contract 4-“REGIII” 3,321,389. decrease 542-9101-431.45-06 Contract 5-“REGIII” 258,330. decrease 542-9101-431.45-07 Contract 6-“REGIII” 479.322. decrease 542-9101-431.45-12 Electrical-“REGIII” 139,203. decrease 542-9101-431.45-20 Legal & Admin.-“REGIII” 8,326. decrease 542-9101-431.45-22 Issuance Cost-“REGIII” 11,290. decrease 542-9101-431.45-30 Technical-“REGIII” 250,000. decrease 542-9101-431.45-34 Bond Issuance-“REGIII” 4,347. decrease 542-9101-431.45-40 Land & Right-“REGIII” 25,000. decrease 542-9101-431.45-70 Interest During Construction- “REGIII” 146,000. decrease 542-9101-431.45-80 Contingency-“REGIII” 1,075,060. decrease 542-9101-431.90-30 Interfund Transfer-HCDPU- “REGIII” 342,791. decrease 467 Anderson Creek Water Acquisition Project (Fund 556-“PU013B”) Code 556-0000-314.50-00 Sales Tax-“PU013B” 451. increase 556-0000-361.10-00 Interest -”PU013B” 11,900. increase 556-0000-389.50-00 Interfd Transfer-HCDPU- “PU013B” 400,000. increase 556-9100-431.45-01 Construction-“PU013B” 199,621. increase 556-9100-431.45-02 Construction Contract 2 “PU013B” 32,000. increase 556-9100-431.45-20 Legal & Administrative- “PU013B” 9,000. increase 556-9100-431.45-30 Technical-“PU013B” 10,000. increase 556-9100-431.45-33 Materials & Supplies- “PU013B” 20,000. increase 556-9100-431.45-61 Meters-“PU013B” 10,000. increase 556-9100-431.45-74 Capital Outlay-“PU013B” 75,000. increase 556-9100-431.45-80 Contingency-“PU013B” 56,730. increase 542-0000-314.50-00 Sales Tax-“PU013B” 451. decrease 542-0000-361.10-00 Interest-“PU013B” 11,900. decrease 542-0000-389.50-00 Interfd Trans-HCDPU “PU0103” 400,000. decrease 542-9101-431.45-01 Construction-“PU0103” 199,621. decrease 542-9101-431.45-02 Const. Contract 2 ”PU0103” 32,000. decrease 542-9101-431.45-20 Legal & Admin.-“PU0103” 9,000. decrease 542-9101-431.45-30 Technical-PU0103” 10,000. decrease 542-9101-431.45-33 Materials & Supplies- “PU0103” 20,000. decrease 542-9101-431.45-61 Meters-“PU0103” 10,000. decrease 542-9101-431.45-74 Capital Outlay-“PU0103” 75,000. decrease 542-9101-431.45-80 Contingency-“PU0103” 56,730. decrease 468 Water Plant 18 MGD Upgrade Project (Fund 558-“PU011B”) Code 558-0000-314.50-00 Sales Tax Refund-“PU011B” 58,599. increase 558-0000-353.78-00 Town of Fuquay-“PU011B” 850,000. increase 558-0000-353.79-00 Town of Holly Springs- “PU011B” 953,755. increase 558-0000-361.10-00 Interest-“PU011B” 11,190. increase 558-9100-389.50-00 Interfund Transfer HCDPU – “PU011B” 1,862,745. increase 558-9100-431.45-01 Construction-“PU011B” 3,269,004. increase 558-9100-431.45-02 Construction Contract- “PU011B” 217,345. increase 558-9100-431.45-04 Professonal-“PU011B” 241,450. increase 558-9100-431.45-20 Legal & Administrative- “PU011B” 8,190. increase 558-9100-431.45-80 Contingency-“PU011B” 300. increase 558-0000-314.50-00 Sales Tax Refund-“PU0101” 58,599. decrease 542-0000-353.78-00 Town of Fuquay-“PU0101” 850,000. decrease 542-0000-353.79-00 Town of Holly Springs- “PU0101” 953,755. decrease 542-0000-361.10-00 Interest-“PU0101” 11,190. decrease 542-0000-389.50-00 Interfund Transfer HCDPU- “PU0101” 1,862,745. decrease 542-9101-431.45-01 Construction-“PU0101” 3,269,004. decrease 542-9101-431.45-02 Const. Contract –“PU0101” 217,345. decrease 542-9101-431.45-04 Professional-“PU0101” 241,450. decrease 542-9101-431.45-20 Legal & Admin.-“PU0101” 8,190. decrease 542-9101-431.45-80 Contingency-“PU0101” 300. decrease 470 Emergency Telephone (Fund 240-E911) Code 240-0000-322.24-10 Radio User Fee 8,070. increase 240-0000-347.12-00 Road Sign Sales 1,100. increase 240-0000-399-00-00 Fund Balance Appropriated 9,170. decrease 471 Animal Control (Fund 110-General) Code 110-5500-420.11-00 Salaries & Wages 6,500. increase 110-5500-420.22-00 FICA Tax Expense 475. increase 110-5500-420.74-74 Capital Outlay 6,975. decrease 478 Governing Body (Fund 110-General) Code 110-4100-410.31-33 Intensive Home Based Services 181. increase 110-0000-399.00-00 Fund Balance Appropriated 181. increase 485 Tax (Fund 110-General) Code 110-4500-410.44-21 Bldg. & Equip. Rent 1,000. decrease 110-4500-410.74-74 Capital Outlay 1,000. increase 3. Tax Refunds & Releases (Attachment 1) 4. Resolution recognizing L.C. O’Quinn, former tax administrator, on his retirement (Attachment 2) 5. Lease agreement for Henly-Roberts to use space at Shawtown School facility – Rent for the initial five year term of this lease shall be $5,000.00 per month. 6. Resolution approving installment purchase contract for Highway 87 Sewer Project (Attachment 3) 7. Resolution authorizing officers to execute bank documents regarding Hwy 87 Sewer Project (Attachment 4) 8. Juvenile Justice and Delinquency Prevention Plan and Certification for Harnett County (Attachment 5) 9. Contract with Cherry, Bekaert & Holland to audit the County’s accounts for the period beginning June 1, 2003 and ending June 30, 2004. The fee for these services will be $61,000, which represents an increase of $3,000 from the prior fiscal year. This increase is due to new regulations on internal controls that will be required to be put into effect, the further implementation of Governmental Accounting Standards Board (GASB) Statement No. 34 and a cost of living increase. 10. Architectural agreement with Skinner Lamm and Highsmith for development of plans for a new agriculture building 11. Resolution to add road (Longleaf Drive) to State System (Attachment 6) 12. The Wooten Company was selected to administer the County’s FY 2004 CDBG program. This community revitalization program is for work in the Lockhart Lane area in Shawtown and consists of housing and public facility activities. The local match for this program is $70,000. It can be spread over 2 fiscal years staring with FY 2004-05. Proposals were received from Holland Consulting Planners, Hobbs- Upchurch & Associates and The Wooten Company. Proposals were reviewed independently by Tony Wilder and George Jackson. Each reviewer recommends The Wooten Company. 13. Resolution granting prior approval for the issuance of construction and demolition landfill permit for the Anderson Creek Landfill. (Attachment 7) Informal comments were provided by the following citizens: 1. Ronnie Faulkner, Coats, thanked Chairman Byrd for serving our country and spoke in general about budget and taxes. 2. Parks Brewer, Buies Creek, voiced concerns with taxes, local government, and quality of education. 3. Dave Chatellier, Nursery Road, Anderson Creek, asked questions about state funding and the budget. Chairman Byrd invited the public to come to budget work sessions. Commissioner Andrews moved for appointments to the One on One Advisory Board: Anthony Fairley, Chairman, John Woods, Vice Chairman, Charles Smith, Secretary, Beatrice Hill, Claudette Williams, Pat Doan, Denise Newkirk, Brenda Boykins and Keith Hadding. Commissioner McNeill seconded the motion and it passed unanimously. Chairman Byrd read and presented a resolution to L.C. O’Quinn, former Tax Administrator, recognizing him on his retirement. Richard O. Rogers, police canine trainer and handler, discussed concerns with a law related to the use of canines by the private sector and asked the Board to oppose the bill and request a reversal of that law. Chairman Byrd called to order a public hearing on a zoning change request for Scott Baker, from RA-20R to Commercial Zoning District, 1.73 acres, SR 2064-Anderson Creek School Road., Anderson Creek Township. Mark Locklear, Planner, presented the zoning change request and noted the criteria for spot zoning. The Planning Board recommends denial of the request because it would be spot zoning. Chairman Byrd opened the meeting for comments from the public. Comments were received from the below listed citizens. 1. Scott Baker, applicant For 2. Scott Baker, applicant’s father For 3. Mary B. Johnson, Buies Creek General comments about zoning and excessive government 4. Joan James, 124 A.C. Sch. Rd. Against – property is too small for a building 5. Dan Maynard, 145 A.C. Sch. Rd. General comments; if Baker’s property is rezoned, he wants same consideration. There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the zoning change request because the impact would benefit the community, it fits in with other businesses in the area, and it would spur additional commercial development. Commissioner Byrd seconded the motion and it passed 3 to 2 with Commissioner Andrews and Vice Chairman Hill voting no. Chairman Byrd called to order a public hearing on a zoning change request for HTB Properties, Harold Butts, from RA-30 to RA-20M Zoning District, 4.8 acres, SR 1452- Truelove Road, Buckhorn Township. Mark Locklear, Planner, presented the zoning change request and noted findings of staff review which state that the proposed change is in accordance with the comprehensive plan and sound planning practices. The Planning Board recommends approval of the request. Chairman Byrd opened the meeting for comments from the public. Comments were received from the citizens listed below. 1. Robert Truelove, 270 Weathers Road Against – doesn’t want HUD housing or more trailer parks. 2. Harold Butts, applicant For 3. Debra U. Brown, 994 Red Lions Road Against – it is not the best thing for the community. 4. Jay Wagner, High Point, representing mother and uncle who live in community Against – worried about lack of control, wants to keep community like it is. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Titchener moved to approve the zoning change request as presented. Commissioner McNeill seconded the motion and it passed 4 to 1 with Commissioner Andrews voting no. Chairman Byrd called to order a public hearing on a proposed text amendment to the Zoning Ordinance regarding sign requirements and called on Chief Planner Joseph Jeffries. Mr. Jeffries presented the proposed text amendment. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution amending the Zoning Ordinance text as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 8) Chairman Byrd called to order a public hearing on a proposed text amendment to the Zoning Ordinance regarding recreation and amusement services and called on Chief Planner Joseph Jeffries. Mr. Jeffries presented the proposed text amendment. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution amending the Zoning Ordinance text as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 9) Departmental reports were filed with the Board from Emergency Medial Service, Veterans Affairs, Animal Control, Economic Development and Sheriff’s Department. Commissioner Hill moved to appoint Judge Edward McCormick as chairman of the Jail Study Advisory Committee. Commissioner Titchener seconded the motion and it passed unanimously. Mr. Emory noted that the County will celebrate its 150 year anniversary in 2005 and suggested that the commissioners take the lead to begin planning for the remembrance. In order to clarify the direction the Board would hope Lee-Harnett Mental Health would pursue regarding Sandhills, Commissioner Titchener moved that the Harnett County Board of Commissioners, in conjunction with the NC Division of Mental Health, Developmental Disabilities and Substance Abuse Services, Lee-Harnett Mental Health, and Lee County pursue good faith negotiations with the Sandhills Area Authority regarding merger. In addition, in the event Lee-Harnett or Lee County does not pursue this matter, that Harnett County pursue such a merger as a single county. Commissioner McNeill seconded the motion and it passed unanimously. There being no further business, Commissioner McNeill moved to recess until 9:00 a.m. Tuesday, May 18, 2004. Commissioner Titchener seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, May 17, 2004 recessed at 9:10 p.m. and will reconvened 9:00 a.m., May 18, 2004 in the Personnel meeting room, County Administration Building, 102 East Front Street, Lillington, North Carolina. _______________________________ Teddy J. Byrd, Chairman _______________________________ Kay S. Blanchard, Clerk to the Board