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042108mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 21, 2008 The Harnett County Board of Commissioners met in regular session on Monday, April 21, 2008, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Tim McNeill Gary House 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 Andrews led the pledge of allegiance and prayer. Vice Chairman Hill moved to approve the agenda as published. Commissioner Andrews seconded the motion and it passed unanimously. Commissioner House had questions regarding the Amendment to Campbell Convocation Center Use Agreement, an item on the consent agenda. Commissioner McNeill made a motion to remove the item from the consent agenda and consider it separately. Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Andrews moved to approved all other items on the consent agenda as listed below. Commissioner McNeill seconded the motion and it passed unanimously. After discussion regarding the Campbell University agreement, Commissioner McNeill moved to approve the Convocation Center Use Agreement contingent upon clarification of language by the respective attorneys. Vice Chairman Hill seconded the motion and it passed unanimously. 1. Minutes: Regular Meeting, April 7, 2008 2. Budget amendments: 359 Public Utilities-Administration (Fund 531-HCDPU) Code 531-9000-431.11-00 Salaries & Wages 35,000. increase 531-9000-431.12-00 Salaries & Wages, p.t. 12,000. decrease 531-9000-431.23-00 Regular Retirement 1,500. increase 531-9000-431.23-01 Supplemental Retirement 6,000, decrease 531-9000-431.41-10 Utilities 4,000. increase 531-9000-431.41-11 Telecommunications & Postage 6,000. increase 531-9000-431.43-16 Maintenance & Repair-Equip. 3,000. decrease 531-9000-431.60-33 Materials & Supplies 7,000. decrease 531-9000-431.60-53 Dues & Subscriptions 1,000 decrease 531-9000-431.60-57 Miscellaneous Expense 2,500. decrease 531-0000-399.00-00 Fund Balance Appropriated 15,000. increase 360 Public Utilities-Water (Fund 531-HCDPU) Code 531-9015-431.11-00 Salaries & Wages 38,000. increase 531-9015-431.12-00 Salaries & Wages, p.t. 2,000. decrease 531-9015-431.23-00 Regular Retirement 2,000. increase 531-9015-431.22-00 FICA Tax Expense 1,500. increase 531-9015-431.34-03 Bulk Water 10,000. decrease 531-9015-431.41-11 Telecommunications & Postage 3,000. increase 531-9015-431.60-31 Gas, Oil & Auto Supplies 5,000. increase 531-9015-431.60-33 Materials & Supplies 10,000. decrease 531-9015-431.60-53 Dues & Subscriptions 1,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 26,500. increase 361 Public Utilities-Wastewater (Fund 531-HCDPU) Code 531-9020-431.11-00 Salaries & Wages 135,000. increase 531-9020-431.23-00 Regular Retirement 7,000. increase 531-9020-431.22-00 FICA Tax Expense 9,000. increase 531-9020-431.23-01 Supplemental Retirement 1,000. increase 531-9020-431.41-11 Telecommunication & Postage 4,000. increase 531-9020-431.41-10 Utilities 42,000. increase 531-9020-431.60-33 Materials & Supplies 2,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 196,000. increase 362 Public Utilities-Distribution (Fund 531-HCDPU) Code 531-9025-431.23-01 Supplemental Retirement 7,000. decrease 531-9025-431.41-11 Telecommunication & Postage 3,000. increase 531-9025-431.43-19 Maintenance & Repair-system 45,000. increase 531-9025-431.60-31 Gas, Oil & Auto Supplies 16,000. increase 531-9025-431.60-36 Uniforms 6,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 51,000. increase 363 Public Utilities-Collections (Fund 531-HCDPU) Code 531-9030-431.11-00 Salaries & Wages 70,000. increase 531-9030-431.23-00 Regular Retirement 4,000. increase 531-9030-431.22-00 FICA Tax Expense 5,000. increase 531-9030-431.23-01 Supplemental Retirement 1,500. decrease 531-9030-431.41-11 Telecommunication & Postage 3,000. increase 531-9030-431.41-10 Utilities 15,000. increase 531-9030-431.43-19 Maintenance & Repair-System 10,000. increase 531-9030-431.54-26 Advertising 1,000. decrease 531-9030-431.60-31 Gas, Oil & Auto Supplies 19,000. increase 531-9030-431.60-36 Uniforms 3,000. decrease 531-9030-431.60-53 Dues & Subscriptions 1,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 119,500. increase 368 General Services (Fund 110-General) Code 110-0000-356.30-00 Insurance Proceeds 1,443. increase 110-4600-410.43-21 Maintenance & Repair Auto 1,443. increase 369 General Services (Fund 110-General) Code 110-0000-356.30-00 Insurance Proceeds 1,983. increase 110-4600-410.43-21 Maintenance & Repair Auto 1,983. increase 370 Revenues (Fund 110-General) Code 110-0000-322.71-01 Recreation Fees-Anderson Creek 1,700. increase 110-0000-322.71-03 Recreation Fees-Barbecue 92,500. increase 110-0000-322.71-04 Recreation Fees-Black River 15,000. increase 110-0000-322.71-08 Recreation Fees-Hector’s Creek 29,000. increase 110-0000-399.00-00 Fund Balance Appropriated 138,200. decrease 374 Health (Fund 110-General) Code 110-7600-441.58-01 Training & Meetings 1,025. increase 110-7600-441.60-33 Materials & Supplies 2,076. increase 110-0000-334.76-02 Food & Lodging 3,101. increase 375 General Services (Fund 110 – General) Code 110-4600-410.43-21 Maintenance & Repair-Auto 35,000. increase 110-0000-399.00-00 Fund Balance Appropriated 35,000. increase 377 Sheriff (Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 685. increase 110-5100-420.43-21 Maintenance & Repair 685. increase 378 Cooperative Extension (Fund 110-General) Code 110-7300-465.32-29 Agriculture Programs 2,321. increase 110-0000-344.12-00 Agriculture Programs 2,321. increase 379 Automation Enhancement (Fund 230-Automation Enhancement) Code 230-4800-410.30-04 Professional Services 12,960. decrease 230-4800-410.74-74 Capital Outlay 12,960. increase 384 Social Services-Public Assistance (Fund 110-General) Code 110-7710-441.80-85 Progress Energy Neighbor 989. increase 110-0000-330-77-01 Social Services Administration 989. increase 110-7710-441.80-50 Day Care-Subsidy 149,295. increase 110-0000-330.77-04 Day Care-Subsidy 149,295. increase 110-7710-441.80-60 Day Care Smart Start 120,000. increase 110-0000-330-77.05 Day Care Smart Start 120,000. increase 385 Aging-Retired seniors Volunteer Program (Fund 110-General) Code 110-7510-441.32-13 RSVP Special Projects 1,325. increase 110-0000-353.15-00 Contributions & Donations RSVP 1,325. increase 386 Information Technology (Fund 110-General) Code 110-4900-410.41-11 Telecommunication & Postage 2,000. increase 110-0000-389.42-00 Interfund Transfer-E911 2,000. increase 387 Emergency Telephone System (Fund 240-E911) Code 240-5900-420.41-11 Telecommunication & Postage 2,000. decrease 240-5900-420.90-10 Interfund Trans.-Gen. Fund 2,000. increase 388 EMS/EMS Transport (Fund 110-General) Code 110-5400-420.60-33 Materials & Supplies 4,200. decrease 110-5400-420.74-74 Capital Outlay-Equipment 4,200. increase 110-5401-420.60-33 Materials & Supplies 1,800. decrease 110-5401-420.74-74 Capital Outlay Equipment 1,800. increase 389 Harnett Criminal Justice partnership Program (Fund 110-General) Code 110-5102-420.33-45 Contracted Services 15,000. increase 110-5102-420.58-14 Travel Admin. 1,500. increase 110-0000-334.51-02 Harnett Criminal Justice 16,500. increase 390 Jail (Fund 110-General) Code 110-5120-420.11-00 Salaries & Wages 8,560. increase 110-0000-331.51-18 State Criminal Alien Assistance Program-SCAAP 8,560. increase 391 Harnett/Fuquay Wastewater Project (Fund 551-“PU012B”) Code 551-9100-431-45-80 Contingency 200,000. decrease 551-9100-431.45-70 Interest during Construction 200,000. increase 392 Communications (Fund 110-General) Code 110-5110-420-60-33 Materials & Supplies 22,700. increase 110-0000-399.00-00 Fund Balance Appropriated 22,700. increase 393 Solid Waste (Fund 580-Solid Waste) Code 580-0000-354.01-00 Sale of Other Assets 50,000. increase 580-6600-461.30-04 Professional Services 50,000. decrease 580-6600-461.33-45 Contracted Services 100,000. increase 398 Education (Fund 110-General) Code 110-8600-480-31-09 Bd. of Ed. Fines & Forfeitures 150,000. increase 110-0000-379-10-00 Bd. of Ed. Fines & Forfeitures 150,000. increase 405 Law Enforcement Expansion Capital Project (Fund 331”CP0401”) Code 313-8300-410.45-01 Construction 16,999. decrease 313-8300-410.45-80 Contingency 16,999. increase 3. Tax refunds (Attachment 1) 4. Resolution to add Adrian Street to the state road system (Attachment 2) 5. Authorization for the Sheriff’s Department to accept a grant in the amount of $8,560.00 from the State Criminal Alien Assistance Program (SCAAP) funding. The funds will be used to supplement to the jail overtime budget line item (110-5100-420.11-00). 6. Authorization for the Sheriff’s Department to accept additional funding from the Department of Correction for the Criminal Justice Partnership Program. The funds ($16,500.00) must be used before June 30, 2008. These funds will be used for counseling services and travel to a CJPP conference. No matching funds are required from the County. 7. Change Order Number 6 for Bordeaux Construction Company, Inc. associated with the Harnett County Detention Center Project, in the amount of $16,999.000. This change order deletes dry sprinkler systems from the recreation yards, deletes electrical boxes and circuits for security doors and cameras and provides post indicator valve (PIV) assembly. 8. Authorization for Retired and Senior Volunteer Program (RSVP) to submit a grant renewal for FY 2009. The federal grant is in the amount of $42,530.00 from the Corporation for National and Community section. 9. Authorization for Emergency Services to submit an application for a 10% matching grant through the Assistance to Firefighters Grant 2008 Program. The funds will be used to purchase decontamination devices for emergency response agencies ($47,777.00), and personal protective equipment ($19,704.00). Total amount of grant is $67,481.00 and requires a $6,748.00 match. 10. Authorization for Information Technology Department (IT) to use sole source for the purchase of ExecuTime Time and Attendance software, initially for use in Public Utilities and Register of Deeds. This company is the only authorized 3rd party provider of time and attendance software that is compatible with the county’s existing payroll software-Sungard HTE. 11. Write-offs of delinquent Public Utilities accounts determined to be at write-off status for the first quarter of 2008. All of these accounts have been delinquent for more than three years and total $14,873.67. 12. Write-off of delinquent Emergency Medical Services accounts for the month of March, 2008. The write-offs total $35,799.67. 13. Services Contract with Sanford Housing Authority for the administration of the Harnett County Housing Choice Voucher Program. 14. Donation of $2,000.00 to the Chicora Amateur Radio Group for the installation and replacement of equipment of the 146.700 Dunn repeater. The repeater along with the tower and antenna system owned by the Chicora Amateur Radio Group and used by the Amateur Radio Emergency Service of Harnett County were lost in the Godwin Building Supply building fire on 9-11-07. The repeater is the network hub used by the amateur radio operator volunteer group ARES to support the County Emergency Operations Center and the evacuation shelter in times of need. These volunteers always participate in training sessions of Emergency Services such as the Harris Nuclear Drills and also participate in real emergencies such as Hurricane Fran, Bonnie and Floyd. Informal comments were offered by Floyd Hein, 411 Rainey Drive, Spring Lake, who expressed his concerns with issues regarding Public Utilities’ rights of way for placement of sewer line in Twin Lakes subdivision; and Jim Burgin, candidate for county commissioner, who asked the Board to consider placing the hospital issue on a ballot this fall and let the people decide what should be done about health care in Harnett County. Commissioner Andrews moved for the appointments listed below. Vice Chairman Hill seconded the motion and it passed unanimously. Adult Care Home Community Advisory Committee Kenneth H. Murchison re-appointed for additional 3-year term to expire 2-28-11 Nominated by Commissioner Andrews Agricultural Advisory Board R. H. Byrd appointed as at-large member Nominated by Commissioner Andrews Harnett County Public Facilities Corporation Board of Directors Billy G. Pope and William A. Wilder re-appointed for 1-year terms to expire 3-31-09, and nominated by Vice Chairman Hill Samantha Fizcko, Planner, presented a rezoning request for WAS Family Limited Partnership (Shaw Construction Co., Inc.) from RA-20R to Commercial Zoning, SR 1144 at 1248 Bill Shaw Road, 5.27 acres, Anderson Creek Township. The Planning Board recommended approval based on favorable findings of facts and reasonable “small scale rezoning”. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the zoning change request as presented. Commissioner House seconded the motion and it passed unanimously. Samantha Fizcko, Planner, presented a rezoning request for Randy A. Newsome from Commercial to RA-20M Zoning, Hwy 210 S, 55 Leeks Lane, 0.81 acre, Anderson Creek Township. The Planning Board recommended approval with a unanimous vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner House moved to approve the zoning change request as presented. Commissioner Andrews seconded the motion and it passed unanimously. Samantha Fizcko, Planner, presented a rezoning request for Henry B. & Emma Jackson from RA-20M & RA-20R to Commercial Zoning, Hwy 87, 3 tracts totaling 3.26 acres, Johnsonville Township. The Planning Board recommended approval with a unanimous vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the zoning change request as presented. Commissioner Andrews seconded the motion and it passed unanimous vote. Samantha Fizcko, Planner, presented a proposed text amendment to the Manufactured Home Park Ordinance. The applicants for the text amendment were Donald & Jerry Gregory who requested guidelines be added to the ordinance which would allow recreational vehicles in manufactured home parks. The Planning Board recommended denial of the proposed amendment with a 4 to 1 vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. Comments were received from Donald Gregory, applicant, who stated that there is a need for RV spaces. Howard Penny, former chairman of the Board of Adjustment, noted that the RV spaces issue was considered years ago and did not pass at that time. Mr. Penny stated that the need to address the issue is there now. There being no further comments, Chairman Byrd closed the public hearing. After discussion, Commissioner McNeill moved to send the proposed text amendment back to the Planning Department for further work. Commissioner Andrews seconded the motion and it passed with a unanimous vote. A proposed text amendment to the Manufactured Home Park Ordinance will be considered by the Board at a later meeting. The County Manager reported to the Board that notice of a public hearing to receive public comments on the proposed execution and delivery by the County of (a) an Installment Financing Contract to pay the capital costs of the construction, equipping and furnishing of the new Angier Elementary School (the “Project”) and (b) a Deed of Trust, Security Agreement and Fixture Filing to create a security interest in the real property on which the Project will be located and the improvements thereon was published on April 11, 2008 stating that the Board would hold a public hearing thereon on April 21, 2008 at 7:00 p.m. The Chairman of the Board then announced that the Board would hear anyone who wished to be heard on the questions of the proposed Contract and the projects to be financed thereby. The following people spoke at the public hearing: Jim Burgin. Commissioner Andrews moved that the public hearing be closed. The motion was seconded by Commissioner Hill and was unanimously adopted. Commissioner Andrews moved to adopt a resolution approving an installment financing contract and a deed of trust, lease and agency agreement. Vice Chairman Hill seconded the motion and it passed unanimously. (Attachment 3). Commissioner Andrews moved to adopt a resolution approving financing terms for the Angier Elementary School project. Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 3A) Major Gary McNeill, Harnett County Sheriff’s Department, noted that on August 6, 2007, the Board of Commissioners authorized the purchase of equipment and software to implement a radio link with Wake County. The project will allow the Harnett County 911 Center to communicate with law enforcement agencies in Wake County, and will allow Wake County deputies who cross county lines to assist Harnett County deputies to talk car to car with Harnett County deputies. Commissioner Andrews moved to approve an appropriation of $22,700.00 to fund the County’s share of the communication link. Commissioner McNeill seconded the motion and it passed unanimously. Departmental reports were filed with the Board from the Planning Department, Sheriff’s Department and Finance Office (Attachment 4) Commissioner Andrews moved that the Board go into closed session pursuant to NCGS 143-318.11(a)(3) to consult with legal staff in order to preserve the attorney-client privilege and to consider and give instructions to the attorney concerning the handling or settlement of a claim, judicial action, mediation, arbitration or administration procedure. Specifically, the Board shall consider the following matters: the workers compensation claims of Denise Pier; Angela Monds; and Ricky Bullock. Vice Chairman Hill seconded the motion and it passed unanimously. Commissioner McNeill moved for the Board to come out of closed session. Commissioner House seconded the motion and it passed unanimously. There being no further business, Commissioner McNeill moved to adjourn. Commissioner House seconded the motion and it passed unanimously. The Harnett County Board of Commissioners meeting, April 21, 2008, adjourned at 8:45 p.m.