061608mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
June 16, 2008
The Harnett County Board of Commissioners met in regular session on Monday, June 16, 2008, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington,
North Carolina.
Members present: Beatrice B. Hill, Vice Chairman
Dan B. Andrews
Tim McNeill
Gary House
Chairman Teddy J. Byrd was absent due to military obligations.
Staff present: Neil Emory, County Manager
Dwight W. Snow, County Attorney
Kay S. Blanchard, Clerk to the Board
Vice Chairman Hill called the meeting to order at 7:00 p.m. and Commissioner Andrews led the pledge of allegiance and prayer.
Commissioner Andrews moved to approve the agenda as published with addition to the consent agenda - two budget amendments and award of contract for animal shelter renovation. Commissioner
House 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 June 2, 2008
2. Budget amendments:
557 Youth Services (Fund 110-General)
Code 110-7931-441.60-33 Materials & Supplies 2,615. increase
110-0000-334.77-01 One-on-One 2,615. increase
561 Parks & Recreation (Fund 110-General)
Code 110-0000-331.82-01 Senior Citizen Outreach 1,000. decrease
110-0000-311.82-02 Senior Citizen Operation 1,450. increase
110-0000-399.00-00 Fund Balance Appropriated 450. decrease
562 Schools QZAB III Capital Project (Fund 317-“CP0605”)
Code 317-8300-410.45-80 Contingency 1,500. increase
317-0000-361.10-00 Interest on Investments 1,500. increase
563 Cape Fear River Trail Project (Fund 384-“CP0705”)
Code 384-0000-314.50-00 Sales Tax Refund 5,042. increase
384-8300-465.45-30 Technical 5,042. increase
565 Public Utilities (Fund 531-HCDPU)
Code 531-9000-431.30-08 Admin/CSR/Meter Services-
Bank Fees Lockbox 6,000. decrease
531-9000-432.23-01 Admin/CSR/Meter Services -
Supplemental Retirement 450. decrease
531-9000-431.60-33 Admin/CSR/Meter Services –
Materials & Supplies 3,500. increase
Water Treatment – Maintenance
& Repair System 50,000. increase
531-9015-431.54-26 Water Treatment – Advertising 2,000. decrease
531-9020-431.23-01 Wastewater Treatment –
Supplemental Retirement 275. decrease
Wastewater Treatment – Gas, Oil
and Auto Supplies 4,000 decrease
531-9025-431.11-00 Distribution – Salaries & Wages 48,000. decrease
531-9025-431.21-00 Distribution – Group Insurance
Expense 3,985. decrease
531-9025-431.22-00 Distribution – FICA Tax Expense 4,500. decrease
531-9025-431.23-00 Distribution – Retirement 2,000. decrease
531-9025-431.23-01 Distribution – Supplemental
Retirement 1,450. decrease
531-9025-431.41-10 Distribution – Utilities 30,000. increase
531-9030-431.11-00 Collections – Salaries & Wages 3,500. decrease
531-9025-431.12-00 Collections – Salaries & Wages
Part-time 5,000. decrease
531-9030-431.22-00 Collections – FICA Tax Expense 1,540. decrease
531-9030-431.23-01 Collections – Supplemental
Retirement 800. decrease
567 Debt Service (Fund 110 – General)
Code 110-8702-470.86-19 Interest – COPS 2007
(2000) Refunding 248,177. increase
110-0000-334.86-03 Harnett County Board of
Education 522,263. increase
110-0000-399.00-00 574,086. decrease
568 Revenues (Fund 110 – General)
Code 110-0000-351.31-14 HUD Admin Reserves 40,000. increase
110-0000-399.00-00 Fund Balance Appropriated 40,000. decrease
569 Special Districts (Fund 242-Special Districts)
Code 242-8001-420.82-30 Sales Tax – Special School District 9,000. increase
242-8002-420.82-30 Sales Tax – Anderson Creek Fire 25,500. increase
242-8004-420.82-30 Sales Tax – Averasboro Fire 7,000. increase
242-8024-420.82-30 Sales Tax – Banner Fire 5,000. increase
242-8005-420.82-30 Sales Tax – Benhaven Fire 12,000. increase
242-8007-420.82-30 Sales Tax – Black River Fire 4,000. increase
242-8008-420.82-30 Sales Tax – Boone Trail Fire 10,000. increase
242-8009-420.82-30 Sales Tax – Buies Creek Fire 11,500. increase
242-8023-420.82-30 Sales Tax – Bunnlevel Fire 5,000. increase
242-8016-420.82-30 Sales Tax – Coats/Grove Fire 7,500. increase
242-8022-420.82-30 Sales Tax – Crains Creek Fire 5,500. increase
242-8011-420.82-30 Sales Tax – Cypress Creek Fire 5,000. increase
242-8013-420.82-30 Sales Tax – Erwin Fire 6,000. increase
242-8014-420.82-30 Sales Tax – Flat Branch Fire 6,500. increase
242-8015-420.82-30 Sales Tax – Flatwoods Fire 4,000. increase
242-8017-420.82-30 Sales Tax – Northwest Fire 13,000. increase
242-8019-420.82-30 Sales Tax – Spout Springs Fire 20,000. increase
242-8020-420.82-30 Sales Tax – Summerville Fire 5,000. increase
242-0000-313.30-00 NC Sales Tax 161,500. increase
570 Coats Elementary School Gym Project (Fund 385 – “CP0706”)
Code 385-8300-410.45-80 Contingency 23,421. decrease
Interfund Transfer – General Fund 28,084. increase
385-8300-410.45-01 Construction 4,663. decrease
573 Law Enforcement & Detention Facility Capital Project
(Fund 313 – “CP0401”)
Code 313-8300-410.45-01 Construction 56,918. increase
313-8300-410.45-80 Contingency 56,918. increase
574 Harnett/Fuquay-Varina WasteWater Project (Fund 551 – “PU012B”)
Code 551-9100-431.45-74 Capital Outlay 300,000. increase
551-9100-431.45-40 Land & Right-of-Way 20,000.increase
551-0000-389.50-00 Interfund Transfer 320,000. increase
575 Public Utilities (Fund 531 – HCDPU)
Code 531-9000-431.90-59 Interfund Transfer – Harnett/
Fuquay Wastewater 320,000. increase
531-0000-399.00-00 Fund Balance Appropriated 320,000. increase
576 Angier Elementary School Capital Project (Fund 392 – “CP0804”)
Code 392-8300-480.90-10 Interfund Transfer – General Fund 80,500. increase
392-0000-314.50-00 Sales Tax Refunds 40,000. increase
392-0000-361.10-00 Interest on Investments
– RBC Bank 500. increase
392-0000-361.90-02 Interest on Investments – BB&T 40,000. increase
579 Law Enforcement & Detention Facility Capital Project
(Fund 313 – “CP0401”)
Code 313-0000-314.50-00 Sales Tax Refund 76,170. increase
Interfund Transfer – General Fund 76,170. increase
580 Cape Fear River Trail Capital Project (Fund 384 – “CP0705”)
Code 384-0000-314.50-00 Sales Tax Refund 5,159. increase
384-8300-465.90-10 Interfund Transfer – General Fund 5,159. increase
581 Overhill Elementary School Capital Project (Fund 388 – “CP0708”)
Code 388-0000-314.50-00 Sales Tax Refund 35,132. increase
Interfund Transfer – General Fund 35,132. increase
582 South Central Wastewater Project (Fund 553 – “PU014B”)
Code 553-0000-361.10-00 Interest on Investments 33,427. increase
553-9100-431.45-70 Interest During Construction 33,427. increase
583 Lafayette School/HWY 421 Sewer Extension Project
(Fund 555 – “PU0701”)
Code 565-9100-431.45-70 Interest During Contruction 5,000. increase
565-0000-361.90-01 Interest on Investments 5,000. increase
584 Buffalo Lakes Road Wastewater Extension Project (Fund 571 – “PU0802”)
Code 571-9100-431.48-80 Contingency 6,400. increase
571-0000-361.10-00 Interest on Investments 6,400. increase
585 Solid Waste Transfer Station Project (Fund 582 – “SW0701”)
Code 582-0000-361.10-00 Interest on Investments 2,435. increase
Interfund Transfer – Solid Waste 2,435. increase
586 Revenues (Fund 110 – General)
Code 110-0000-318.61-00 Video Programming 45,000. increase
110-0000-399.00-00 Fund Balance Appropriated 45,000. decrease
587 Health (Fund 110 – General)
Code 110-0000-345.18-00 Environmental Health Fees 40,000. decrease
110-0000-345.30-01 Food & Lodging Fees 2,000. increase
110-0000-334.76-02 Food & Lodging – State Grant 750. increase
110-0000-345.10-15 3rd Party Medicaid 70,000. increase
110-0000-345.17-00 Home Health Fees 32,750. decrease
591 Education (Fund 110 – General)
Code 110-8600-480.31-14 Central Carolina Comm. College 27,000. increase
110-0000-399.00-00 Fund Balance Appropriated 27,000 increase
592 Angier Elementary School Capital Project (Fund 392 – “CP0804”)
Code 392-8300-480.45-75 Soil & Environmental 27,993. increase
Interfund Transfer
– General Fund 296,732. increase
392-8300-480.45-80 Contingency 324,725. decrease
593 Retired Seniors Volunteer Program (Fund 110 – General)
Code 110-0000-353.15-00 RSVP – Contributions & Donation 200.decrease
RSVP Special Projects 100.decrease
110-0000-399.00-00 Fund Balance Appropriated 100. increase
595 South Central Wastewater Project (Fund 553 – “PU014B”)
Code 553-9100-431.90-30 Interfund Transfer – HCDPU 20,523. decrease
553-9100-431.45-70 Interest During Construction 20,523. increase
596 Erwin Wastewater Improvements Project (Fund 564 – “PU0604”)
Code 564-9100-431.90-30 Interfund Transfer – HCDPU 100,000. increase
564-0000-389.50-00 Interfund Transfer – HCDPU 100,000. increase
597 Public Utilities (Fund 531 – HCDPU)
Code 531-0000-399.00-00 Fund Balance Appropriated 100,000. increase
Interfund Transfer – Erwin
Wastewater Improvemts Project 100,000. increase
598 Public Assistance (Fund 110 – General)
Code 110-7710-441.80-85 Progress Energy Neighbor 497. increase
110-0000-330.77-01 Social Services Admin. 497. increase
110-7710-441.88-20 Work First Transportation 11,857. increase
110-0000-334.77-04 Work First Transportation 11,857. increase
110-0000-330.77-07 Title IV-E Waiver 32,400. decrease
110-0000-330.77-02 Vendor Payments 11,250. increase
110-0000-349.30-00 3rd Party CAP C & AT Risk 21,150. increase
110-0000-331.77-06 Mid-Carolina Council of Govt 580. increase
110-0000-331.77-09 Family Caregiver 213. decrease
110-0000-349.10-00 Adoption Pre-placement fee 1,300. decrease
110-0000-349.40-00 NC Health Choice 4,050. increase
110-0000-354.10-00 Food Stamp Refunds 4,700. increase
110-0000-354.16-00 Foster Care IV-D 4,200. increase
110-0000-354.15-00 AFDC Collections IV-D 363. increase
110-0000-354.14-00 Public Assistance Refund 5,700. increase
110-0000-356.10-00 Reimbursement – Hospital
DSS Employee 15,406. decrease
110-0000-399.00-00 Fund Balance Appropriated 2,674. decrease
603 Public Utilities (Fund 531 – HCDPU)
Code 531-9015-431.43-19 Maintenance & Repair System 500,000. increase
531-0000-356.30-00 Insurance Reimbursement 497,500. increase
531-0000-399.00-00 Fund Balance Appropriated 2,500. increase
601 Cape Fear River Trail Capital Project (Fund 384 – “CP0705”)
Code 384-8300-465.45-80 Contingency 5,000. decrease
384-8300-465.45-20 Legal & Administrative 5,000. increase
3. Tax refunds and releases (Attachment 1)
4. Resolution authorizing application for Dunn-Erwin Landfill extension
(Attachment 2)
5. Change orders for Detention Center Project:
No. 7 ($22,630) security cameras and other revisions
No. 8 ($18,271) fire marshal requirement to provide pre-action wet
fire sprinkler system in 911 Center
No. 9 ($6,805) provide water tap and delete landscape planting by Bordeaux.
Landscaping will be done by contract with Jones Landscaping.
No. 10 ($5,247) fire alarm booster and various items
No. 11 ($13,103) athletic floor tile from vinyl tile
No. 12 ($4,472) sink with cabinet in conference room
6. Lease agreement for Agape Visionary Youth Services to use the old Home Economics Building at Anderson Creek Primary School. The facility is to be used for rendering youth services
in the community. The initial term of this lease shall begin on June 6, 2007 and will terminate on September 30, 2010 with automatic renewal for an additional period of one year.
7. Mid-Carolina Home Community Care Block Grant for Older Adults County Funding Plan for the coming year. This action is requested yearly by Mid-Carolina Area Agency on Aging. This
year the grant will total $619,813.
8. Release of late listing penalty for Jerry Rivas in the amount of $198.35 that he paid on a mobile home he had moved from one parcel to another.
9. Write-off of Emergency Medical Services accounts for the month of April, 2008, in the amount of $16,525.19; and for the month of May, 2008, in the amount of $1,892.35.
Write-off of returned checks due to non-collection:
- October 12, 2007, Art Grove check #4500 issued to Harnett County Animal
Shelter in the amount of $40.00.
- March 26, 2007, R&V Enterprises, LLC check #1065 and 1066 in the amounts
of $76.80 and $72.60 respectively, to the Harnett County Landfill.
10. Award of contract to Brown’s Masonry, Inc. for remodeling of the animal shelter as
required by the North Carolina Department of Agriculture & Consumer Services, Veterinary Division. New sheltering law requires walls to prevent cross contamination from each animal
shelter run. The current runs are chain-link. The chain-link will be replaced with block walls by Brown’s Masonry for the amount of $13,809.
Informal comments were provided by the following citizens:
- Attorney Ed Bain requested, on behalf of Willis Gregory, that consideration of a zoning change request be removed from the table, placed on this meeting’s agenda and approved.
- Floyd Hein expressed his concerns with issues regarding public Utilities’ rights of way for placement of sewer line in Twin lakes subdivision.
- Jerry Rivas expressed his concerns with customer service in various county departments.
- Joe Langley expressed concerns with zoning change request of Willis Gregory.
Commissioner McNeill moved to appoint R. H. Byrd to the Agricultural Advisory Board to represent commissioner district 1. Commissioner Andrews seconded the motion and it passed with
a unanimous vote. Mr. Byrd was nominated by Commissioner Andrews.
Samantha Fitzcko, Planner, presented a proposed Zoning Ordinance text amendment regarding sign requirements. Vice Chairman Hill called to order a public hearing on the matter and opened
the meeting for comments from the public. No comments were offered and Vice Chairman Hill closed the public hearing. Commissioner McNeill moved to adopt a resolution approving the
Zoning Ordinance text amendment as presented. Commissioner House seconded the motion and it passed unanimously.
(Attachment 3)
Mr. Emory presented a summary of bids received by the Information Technology (IT) department for a structured cabling system for the Detention Center project. The lowest bid was $143,337.07
and the highest was $151,568.61. The lowest bidder did not meet all the requirements of the proposal. Embarq was the next lowest responsible bidder. Commissioner Andrews moved to
award the bid to Embarq for the price quote of $144,183.46 and to allow the county manager to negotiate and execute the contract consistent with the terms of the RFP and subject to
review by the County Staff Attorney. Commissioner McNeill seconded the motion and it passed unanimously.
Neil Emory, Budget Officer, presented a brief overview of the proposed Harnett County Budget for FY 2008-2009. Vice Chairman Hill called to order a public hearing on the proposed Budget
and opened the meeting for comments from the public. No comments were offered and Vice Chairman Hill closed the public hearing. The proposed Budget will be considered for adoption
at a future meeting.
Departmental reports were filed with the Board from the Planning Department, Animal Control, Veterans Service and Finance Department (Attachment 4).
Commissioner McNeill made a motion to remove from the table an issue regarding zoning change request for Willis Gregory which was tabled at the Board’s May 19, 2008, meeting. Commissioner
Andrews seconded the motion and it passed unanimously.
Commissioner McNeill moved to approve the zoning change request for Willis Gregory as presented with a public hearing at the May 19, 2008, Board of Commissioners meeting. The change
is from RA-30 to Industrial Zoning for 13.0 acres (portions of 3 lots) located at SR 1500 at 3625 Benson Road, Black River Township. Commissioner McNeill noted the following evaluation
as a basis for his motion to approve the proposed zoning change:
Evaluation
1. The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community.
REASONING: The impact to adjacent property owners and the surrounding community is reasonable and minimal, due to the fact that this property has been used as an industrial business
for a number of decades. There will be no inconvenience or additional impact to the community by rezoning this site. The existing business provides needed jobs for the community and
County residents.
2. The requested zoning district is compatible with the existing land use classification.
REASONING: The use was created and located on this site prior to zoning of the County. If properly evaluated at the time of initial zoning, it is very likely that this site would have
been zoned industrial. Due to the duration of time this business has been in existence, it may be necessary to amend the land use plan to comply with the existing use.
3. The proposal does enhance or maintain the public health, safety, and general welfare.
REASONING: There will be no negative impact on the surrounding community as the facility is already located on the site. There will be no undue or additional burden on the public health,
safety, or general welfare.
4. The request is for a small scale rezoning and should be evaluated for reasonableness.
REASONING: The proposed rezoning to industrial is not immediately adjacent to any industrially zoned land and was evaluated as a small scale rezoning by the Planning Board, which found
the request to be reasonable.
The requested rezoning to industrial is compatible with Harnett County regulatory documents and would not have a detrimental impact on the surrounding community and will enhance the
public health, safety, and general welfare for the reasons stated in the evaluation. The Harnett County Planning Board and Planning Department Staff have both recommended approval.
Based upon those recommendations and the report provided, it is my motion that this rezoning request be approved.
Commissioner Andrews seconded the motion agreeing with Commissioner McNeill and further stating he also considered the economic development input from Lee Ann Nance and the Harnett Forward
Together Committee (HFTC).
Prior to a vote on the motion, Commissioner House asked the petitioner, Willis Gregory if he had been given any indication that the company buying the property would not accept a light
industrial district. Mr. Gregory responded that he did not know whether they would or would not. Commissioner House stated that the Board had a duty to respect the property rights
of people behind you, and if we can work out a light industrial district that’s what we should do, if it can wait 30 days. Mr. Gregory said right now it is holding up the contract.
The Board then voted on the motion to approve the requested zoning change and it passed by a 3 to 1 vote with Commissioner House casting the dissenting vote.
Commissioner McNeill moved that the Board go into closed session for the following purpose: To consider and discuss a personnel matter. This motion is made pursuant to N.C. General
Statute Section 143-318.11(a)(6). Commissioner Andrews 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. The Harnett County Board of Commissioners regular meeting, June 16, 2008, adjourned at 8:00 p.m.