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051908mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 19, 2008 The Harnett County Board of Commissioners met in regular session on Monday, May 19, 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 Vice Chairman Hill led the pledge of allegiance and prayer. Commissioner Andrews moved to approve the agenda as published with addition to the consent agenda of a resolution designating Cultural Ambassadors to England. Commissioner House seconded the motion and it passed unanimously. Upon motion by Vice Chairman Hill and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, May 5, 2008 2. Budget amendments: 477 Economic & Physical Development Appropriations (Fund 110-General) Code 110-0000-318.70-00 Occupancy Tax 95,000 increase 110-7099-465.31-78 Occupancy Tax 95,000 increase 448 Cooperative Extension – Incredible Years (Fund 110-General) Code 110-7320-465.60-33 Materials & Supplies 2,183 increase 110-0000-334.73-20 Incredible Years 2,183 increase 449 Aging – Retired Seniors Volunteer Program (Fund 110-General) Code 110-0000-353.15-00 Contributions & Donations – RSVP 2,100 increase 110-7510-441.32-13 Special Projects 2,100 increase 451 Public Utilities (Fund 110-General) Code 531-0000-335.10-00 Johnston County 4,000 increase 531-0000-340.10-01 Account Transfer & Setup Fee 4,000 increase 531-0000-340.10-02 After House Call Out 35,000 increase 531-0000-340.20-01 Capacity Use 40,000 increase 531-0000-340.23-03 Fuquay Energy 17,000 increase 531-0000-340.20-04 Holly Springs Energy 20,000 increase 531-0000-340.20-05 Moore County Energy 4,000 increase 531-0000-340.20-06 Spring Lake Energy 600 increase 531-0000-340.20-10 Water Fees 700,000 increase 531-0000-340.30-10 Sewer Fees 300,000 increase 531-0000-340.40-00 Reconnection Fees 60,000 increase 531-0000-340.40-01 Damages & Tampering 5,800 increase 531-0000-350.00-00 Processing Fee – Returned Checks 1,000 increase 531-0000-351.00-00 Miscellaneous Revenue 38,000 increase 531-0000-351.31-01 Miscellaneous – Water 8,000 increase 531-0000-351.31-02 Miscellaneous – Sewer 16,000 increase 531-0000-351.31-05 Linden 9,500 increase 531-0000-353.25-01 Moore County 565,500 increase 531-0000-354.01-00 Sale of Other Assets 8,000 increase 531-0000-361.10-00 Interest on Investments 100,000 increase 531-9000-431.30-04 Admin/CSR/Meter Services – Professional Services 5,000 increase 531-9000-431.32-52 Admin/CSR/Meter Services – Overages & Shortages 200 increase 531-9000-431.32-77 Admin/CSR/Meter Services – Credit Card Processing 19,000 increase 531-9000-431.44-21 Admin/CSR/Meter Services – Building & Equipment Rent 1,000 increase 531-9000-431.52-54 Admin/CSR/Meter Services – Insurance & Bonds 500 increase 531-9000-431.60-31 Admin/CSR/Meter Services – Gas, Oil & Auto Supplies 4,000 increase 531-9000-431.60-43 Admin/CSR/Meter Services – Meters 30,000 increase 531-9015-431.34-05 Water Treatment – Operating Fees 800 increase 531-9015-431.43-16 Water Treatment – Maintenance & Repair Equipment 5,000 increase Water Treatment – Maintenance & Repair System 500 increase Water Treatment – Building & Equipment Rent 200 increase Water Treatment – Insurance & Bonds 500 increase 531-9015-431.60-33 Water Treatment – Materials & Supplies 3,000 increase 531-9015-431.60-40 Water Treatment – Lab Supplies 4,000 increase 531-9020-431.43-16 Wastewater Treatment – Maint. & Repair Equipment 2,000 increase 531-9020-431.43-19 Wastewater Treatment – Maint. & Repair System 2,000 increase 531-9020-431.43-20 Wastewater Treatment – Spray Field 500 increase 531-9020-431.44-21 Wastewater Treatment – Building & Equipment Rent 100 increase 531-9020-431.60-33 Wastewater Treatment – Materials & Supplies 1,800 increase 531-9020-431.60-40 Wastewater Treatment – Lab Supplies 1,000 increase 531-9025-431.60-36 Distribution – Uniforms 1,800 increase 531-9030-431.34-02 Collections – Chemicals 8,000 increase 531-9030-431.43-16 Collections – Maintenance & Repair Equipment 4,000 increase 531-9030-431.43-19 Collections – Maintenance & Repair System 10,000 increase 531-9030-431.44-21 Collections – Building & Equipment Rent 100 increase Collections – Materials & Supplies 3,000 increase 531-0000-399.00-00 Fund Balance Appropriated 1,828,400 decrease 454 Airport Old Stage Road Capital Project (Fund 367-“CP0305”) Code 367-0000-314.50-00 Sales Tax Refund 1,750 decrease 367-8360-465.45-01 Construction 1,750 decrease 455 South Central Wastewater Project (Fund 553-“PU014B”) Code 553-0000-361.10-00 Interest on Investments 4,000 increase 553-9100-431.45-80 Contingency 130,000 decrease 553-9100-431.45-70 Interest During Construction 134,000 increase 456 Public Utlities (Fund 531-HCDPU) Code 531-9000-431.90-60 Interfund Transfer – South Central Wastewater Project 50,000 increase 531-0000-399.00-00 Fund Balance Appropriated 50,000 increase 457 Erwin Wastewater Improvements Project (Fund 564-“PU0604”) Code 564-9100-431.45-80 Contingency 7,150 decrease 564-9100-431.45-33 Materials & Supplies 7,150 increase 458 Titan Wastewater Extension Project (Fund 554-“PU021B”) Code 554-9100-431.45-23 Miscellaneous Expense 290,100 increase 554-9100-431.45-80 Contingency 290,100 decrease 459 Edgerton Water Tank Project (Fund 547-“PI0801”) Code 570-9100-431.45-23 Miscellaneous Expense 19,000 increase 570-9100-431.45-80 Contingency 19,000 decrease 460 Fort Bragg NTA Housing Water & Wastewater Extension Project (Fund 561-“PU0601”) Code 561-9100-431.45-70 Interest During Construction 40,000 increase 561-9100-461.45-80 Contingency 40,000 decrease 461 Harnett/Fuquay Wastewater Project (Fund 551-“PU012B”) Code 551-9100-431.45-70 Interest During Construction 445,617 increase 551-9100-431.45-22 Cost of Issuance 271,708 decrease 551-9100-431.45-80 Contingency 70,353 decrease 551-9100-431.60-57 Miscellaneous Expense 55,556 decrease 551-9100-431.45-20 Legal & Administrative 7,604 decrease 551-9100-431.45-40 Land & Right-of-Way 10,396 decrease 551-9100-431.45-33 Materials & Supplies 30,000 decrease 462 Tax Collection Agency (Fund 722-DMV) Code 722-0000-311.10-00 Current Years Taxes 45,000 increase 722-0000-311.20-00 Prior Years Taxes 13,850 increase 722-8026-419.82-01 Town of Angier – Current 45,000 increase 722-8028-719.82-08 City of Dunn – Delinquent 13,850 increase 463 Special Districts (Fund 242-Special Districts) Code 242-0000-311.10-00 Current Taxes 15,000 increase 242-0000-311.20-40 Prior Year Taxes 350 increase 242-8009-420.82-10 Current – Buies Creek Fire 4,500 increase 242-8017-420.82-10 Current – Northwest Harnett Fire 10,500 increase 242-8007-420.82-20 Black River Fire 350 increase 464 Economic Development (Fund 110-General) Code 110-0000-334.71-03 One NC Grant 17,000 increase 110-7100-465.32-79 Economic Development 17,000 increase 465 Emergency Services (Fund 110-General) Code 110-0000-331.53-01 S&L EMPG 7,622 increase 110-5300-420.32-88 Emergency Management – EMPG 7,622 increase 466 Sheriff (Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 2,180 increase 110-5100-420.43-21 Maintenance & Repair – Auto 2,180 increase 473 Animal Control (Fund 110-General) Code 110-5500-420.11-00 Salaries & Wages 25,000 increase 110-5500-420.21-00 Group Insurance Expense 5,772 increase 110-5500-420.22-00 FICA Tax Expense 1,913 increase 110-5500-420.23-00 Retirement 1,225 increase 110-5500-420.23-01 Supplemental Retirement 500 increase 110-5500-420.26-08 Worker’s Compensation 375 increase 110-5500-420.41-11 Telecommunications & Postage 800 increase 110-5500-420.58-01 Training & Meetings 500 increase 110-550-420.58-14 Travel Admin 500 increase 110-5500-420.60-31 Gas, Oil & Auto Supplies 3,000 increase 110-5500-420.60-33 Materials & Supplies 1,900 increase 110-5500-420.60-36 Uniforms 350 increase 110-5500-420.74-74 Capital Outlay 16,500 increase 110-0000-356.55-01 Reimbursement – Town of Angier 10,000 increase 110-0000-356.55-02 Reimbursement – Town of Coats 10,000 increase 110-0000-356.55-03 Reimbursement – Town of Erwin 10,000 increase 110-0000-356.55-04 Reimbursement – Town of Lillington 10,000 increase 110-0000-399.00-00 Fund Balance Appropriated 18,335 increase 475 Economic & Physical Development Appropriations (Fund 110-General) Code 110-7099-465.35-08 China – Hunan Province 11,675 increase 110-0000-356.41-05 China – Hunan Province 3,806 increase 110-0000-399.00-00 Fund Balance Appropriated 7,869 increase 476 Interfund Transfer (Fund 110-General) Code 110-8701-490.90-45 Dunn-Erwin Trail Bridge Project 4,000 increase 110-0000-399-00-00 Fund Balance Appropriated 4,000 increase 477 Dunn Erwin Trail Bridge Project (Fund 391-“CP0803”) Code 391-8300-465.90-10 Interfund Transfer – General Fund 4,000 increase 391-0000-389.10-00 Interfund Transfer – General Fund 4,000 increase 478 Public Assistance (Fund 110-General) Code 110-7710-441.80-60 Day Care Smart Start 150,000 increase 110-0000-330.77-05 Day Care Smart Start 150,000 increase 481 Aging-Nutrition (fund 110-General) Code 110-0000-331.75-52 Home & Community Care Block Grant – Nutrition 7,651 increase 110-7552.441.33-45 Contracted Services 7,651 increase 3. Tax refunds and releases (Attachment 1) 4. Resolution to add Jacobs Street to State DOT System (Attachment 2) 5. Award of catering service contract for the Harnett County Department of Aging Elderly Nutrition Program Catering Service to Compass Group USA, Inc. by and through Bateman Division, Fayetteville. The total contract amount is $258,225.20. 6. Authorization for Emergency Services to apply for the 2008 Emergency Management Performance grant. This is a federal grant administered by the State that is available to local governments to assist in the cost of developing and maintaining a comprehensive emergency management program. These are funds that are received annually and are included as part of the operating budget. 7. Resolution recognizing Eagle Scout David Hardee (Attachment 3) 8. Project Ordinance for Angier Elementary School project (Attachment 4) 9. Resolution designating Cultural Ambassadors to England (Attachment 5) During the informal portion of the Board meeting Jim Burgin asked the Board to meet with all parties involved to resolve the hospital issue, and to consider calling for a referendum on the matter. Jennifer Slusser, Staff Attorney, presented a proposal for extension of boundaries of the Averasboro Fire District to include the territory lying within the corporate and municipal limits of the City of Dunn. Ms. Slusser explained the process to accomplish this proposal. Further explanation was provided by Gary Whitman, City of Dunn Fire Chief, Gary Pope, Director, Harnett County Emergency Services and Oscar Harris, Mayor of Dunn. Chairman Byrd called to order a public hearing regarding the matter and opened the meeting for comments from the public. Billy Barfield, lifelong resident and former Dunn fireman spoke against the proposed changes. There being no further comments, Chairman Byrd closed the public hearing. Chairman Byrd stated the options regarding action the Board could take at this meeting. Commissioner House moved to adopt a resolution of the Board of Commissioners to declare its agreement that the territory within the corporate and municipal limits of the City of Dunn become a part of and be included within the boundaries of the Averasboro Fire District. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 6) Barry Blevins, Community Development Administrator, Planning Department, presented for the Board’s consideration a contract with The Wooten Company, Inc. to prepare an application for North Carolina Department of Community Assistance, Scattered Site Housing Program 2008 funding. The Department of Community Assistance approved the request to negotiate with sole bidder. Vice Chairman Hill moved to approve the contract with The Wooten Company. Commissioner McNeill seconded the motion and it passed unanimously. Mr. Blevins noted that a public hearing was required to announce that the County wishes to apply for the North Carolina Department of Community Assistance, Scattered Site Housing program. The Scattered Site housing Program is a rehabilitation program targeted towards very low income owner occupied households. Owner occupied units that are designated as real property whether stick built or manufactured or modular homes may be rehabilitated. An executed Note and Deed of Trust is required on all units prior to rehabilitation. The grant is for $400,000 and no more that 10% for administrative costs. The application is due July 31, 2008. Chairman Byrd called to order a public hearing regarding the matter. No comments were offered and Chairman Byrd closed the public hearing. Samantha Fitzco, Planner, presented a zoning change request for landowner Crossfit Fort Bragg, Inc., applicant: Marshall Miller, from RA-20M to Commercial Zoning, 1.10 acres located at 7135 Overhills Road, Spring Lake, and Anderson Creek Township. The Planning Board recommended approval of the request with a unanimous vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. Marshall Miller, applicant, spoke in favor of the zoning change. There being no further comments, 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 Fitzco, Planner, presented a zoning change request for landowner/applicant Willis H. Gregory, from RA-30 to Industrial Zoning, 13 acres (portion of 3 lots) located at 3625 Benson Road, Angier, Black River Township. The Planning Board recommended approval of the request with a unanimous 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 the following: 1. Willis Gregory, owner/applicant for 2. Lee Anne Nance, Director, Harnett County Economic Development for 3. Jim Burgin, Angier, for 4. Joe Langley, Angier representing several neighbors to property against 5. Johnson Tilghman, Chairman, HFTC for 6. Johnny Butler, employee of Mr. Gregory for 7. Mrs. Willis Gregory for There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to table the matter and instructed the Planning Staff to develop a proposed light industrial zoning district to be placed on an agenda in the near future. Commissioner House seconded the motion and it passed 3 to 2 with Commissioner Andrews and Vice Chairman Hill casting the dissenting votes. Samantha Fitzco, Planner, presented a zoning change request for landowner Harnett Forward Together Committee (HFTC), applicant: Lee Anne Nance & Beth Blinson, from RA-30, RA-40 and Commercial Zoning to Industrial and Commercial Zoning, 129.10 acres located on Hwy. 401N, Lillington, Neill’s Creek Township. The Planning Board recommended approval of the request with a unanimous vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. Johnson Tilghman, Chairman, HFTC, stated that zoning of the property must be appropriate to be designated for biotech industries. There being no further comments, Chairman Byrd closed the public hearing. Commissioner House moved to approve the zoning change as requested. Vice Chairman Hill seconded the motion and it passed unanimously. Samantha Fitzco, Planner, presented a zoning change request from landowner John M. Ferrell, applicant: IOM Developers from RA-30 to RA-20M Zoning, 22.5 acres located on SR 1532, Buies Creek, Neill’s Creek Township. The Planning Board recommended approval of the request 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 the following: 1. Jimmy Johnson, Johnson Properties, representing the landowners for 2. Freddie Stancil, President of IOM, applicant for 3. Dan Edgerton, Raleigh, and adjacent landowner against 4. Howard Penny, Coats against 5. David Reardon, Raleigh, and adjacent landowner against 6. Brenda Matthews, adjacent landowner against 7. Roy Lee Matthews, adjacent landowner against There being no further comments, Chairman Byrd closed the public hearing. Commissioner Andrews moved to approve the request with deed stating that no mobile home park can ever be placed on the property. The motion received no second. Vice Chairman Hill moved to deny the zoning change request. Chairman Byrd seconded the motion and it passed unanimously. Samantha Fitzco, Planner, presented for the Board’s consideration a proposed text amendment to the Manufactured Home Park Ordinance requested by Donald & Jerry Gregory regarding recreational vehicles. The Planning Board recommended denial of the request. A public hearing was held on the matter April 21st. Commissioner McNeill moved to adopt the resolution approving the text amendment as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 7) Samantha Fitzco, Planner, presented a proposed text amendment to the Zoning Ordinance requested by the Planning Department regarding recreational facilities. The Planning Board recommended approval of the request. 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 Andrews moved to adopt a resolution approving the text amendment as presented. Vice Chairman Hill seconded the motion and it passed unanimously. (Attachment 8) Departmental reports were filed with the Board from the Planning Department, Animal Control and Finance (Attachment 9). Mr. Emory announced that the County has received a full grant ($500,000) from the State Parks and Recreation Trust for Barbeque Park. The grant requires a $500,000 match. There being no further business, Commissioner McNeill moved to adjourn. Vice Chairman Hill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, May 19, 2008, adjourned at 9:20 p.m.