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091508mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 15, 2008 The Harnett County Board of Commissioners met in regular session on Monday, September 15, 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 House led the pledge of allegiance and prayer. Commissioner Andrews moved to approve the agenda as published with the addition to the consent agenda, budget amendments and a resolution recognizing Martha Cameron on her 100th birthday; and the removal of item 4 T on the consent agenda regarding Willis Gregory rezoning, which will be discussed and considered on the regular agenda. Vice Chairman Hill seconded the motion and it passed unanimously. Upon motion by Commissioner McNeill and seconded by Commissioner House, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, September 2, 2008 Special Meeting, (work session), September 12, 2008 2. Budget amendments: 72 Erwin Wastewater Improvements Project (Fund 564-“PU0604” Code 564-9100-431.45-20 Legal & Administrative 12,000. increase 564-9100-431.45-80 Contingency 50,000 decrease 564-9100-431.45-40 Land & Right-of-Way 25,000 increase 564-9100-431.45-33 Materials & Supplies 13,000 increase 73 Cooperative Extension – Child Care Resource & Referral (Fund 110-General) Code 110-7301-465.11-00 Salaries & Wages 28,816 increase 110-7301-465.21-00 Group Insurance Expense 4,933 increase 110-7301-465.22-00 FICA Tax Expense 2,204 increase 110-7301-465.23-00 Retirement 1,412 increase 110-7301-465.23-01 Supplemental Retirement 579 increase 110-7301-465.26-08 Worker’s Compensation 432 increase 110-7301-465.41-11 Telecommunication & Postage 1,750 increase 110-7301-465.58-14 Travel 625 increase 110-7301-465.60-33 Materials & Supplies 677 increase 110-7301-465.60-47 Food & Provisions 200 increase 110-7301-465.58-01 Training & Meetings 425 increase 110-7301-465.55-12 Printing & Binding 838 increase 110-7301-465.60-53 Dues & Subscriptions 350 increase 110-0000-334.73-01 Child Care Resource & Referral 43,238 increase 74 Parks & Recreation (Fund 110-General) Code 110-0000-331.82-01 Senior Citizen Outreach 840 increase 110-0000-331.82-02 Senior Citizen Operation 7,182 increase 110-0000-399.00-00 Fund Balance Appropriated 8,022 decrease 75 Sheriff (Fund 110-General) Code 110-0000-356-.30-00 Insurance Claim 4,193 increase 110-5100-420.43-21 Maintenance & Repair Auto 4,193 increase 76 Public Utilities – Water Treatment (Fund 531-HCDPU) Code 531-9015-431.43-19 Maintenance & Repair – System 225,000 increase 531-0000-356.30-00 Insurance Claim 225,000 increase 77 Veteran’s Services (Fund 110-General) Code 110-7800-441.60-33 Materials & Supplies 3,900 increase 110-0000-399.00-00 Fund Balance Appropriated 3,900 increase 78 Sheriff (Fund 110-General) Code 110-5100-420.32-27 Drug Program 17,967 increase 110-0000-399.00-00 Fund Balance Appropriated 17,967 increase 79 Transportation (Fund 110-General) Code 110-0000-331.46-01 Mid Carolina – Medical General 15,000 increase 110-0000-334.55-04 Mid Carolina – Medical Transportation 7,784 increase 110-0000-399.00-00 Fund Balance Appropriated 22,784 decrease 80 Interfund Transfer (Fund 110-General) Code 110-0000-389.43-10 Dunn-Erwin Trail Bridge 4,000 increase 110-0000-399.00-00 Fund Balance Appropriated 4,000 decrease 3. Tax refunds (Attachment 1) 4. Resolution recognizing Eagle Scout Randolph Stone (Attachment 2) 5. Rejection of Transportation Facility bids – all bids were much higher than cost estimate. NC DOT will not fund project until a new cost estimate is established and the project is re-bid. 6. Memorandum of Understanding between Harnett County and Harnett County Retired Senior Volunteer Program (RSVP) which outlines guidelines for volunteers serving within Harnett County agencies. 7. Renewal of lease with Steve Odell Hardee for Buckhorn Container Site property. The rental price is increased to $1,900. The term of the lease is two years. 8. Report regarding the Compromise Settlement of Claim of Mary Bryan, IC File No. 749359: Mary Bryan was employed by Harnett County as a van driver with Transportation Services. In May of 2007, Ms. Bryan complained of knee pain which she attributed to walking up and down the van stairs to assist riders. Ms. Bryan claimed medical expenses in the amount of $35,052.88, and a weekly compensation rate of $210.84. Harnett County denied Ms. Bryan’s claim on the basis that Ms. Bryan did not suffer an injury by accident or contract an occupational disease as required by the NC Workers’ Compensation Act, and that Ms. Bryan failed to timely report her alleged injury/condition to Harnett County. Harnett County did not pay any indemnity or medical benefits as a result of Ms. Bryan’s injury. Notwithstanding the contentions and differences of the parties, all desired to bring these matters to a full and final settlement. As such, Harnett County agreed to pay and Ms. Bryan agreed to accept $2,500.00, along with a severance and agreement not to seek employment with Harnett County in the future, as full and final satisfaction of all claims. 9. Authorization to implement the update of the Classification and Pay Plan as recommended by the MAPS study, which was discussed during the budget process. Funds for implementation of the changes were incorporated into the final budget. 10. Authorization for Cooperative Extension to accept Incredible Years grant funds from Partnership For Children in the amount of $45,013. These funds will be used for the purpose of conducting the Incredible Years program for one year. Local match will be provided by in-kind services by Cooperative Extension. 11. Contracts and agreements for the seven Emergency Medical Services Departments for FY 2008-2009: Anderson Creek Emergency Services, Inc. Benhaven Emergency Services, Inc. Boone Trail Emergency Services, Inc. Buies Creek Rural Fire Department, Inc. Coats-Grove Fire & Rescue, Inc. Dunn Emergency Services, Inc. Erwin Fire Department & Rescue Squad, Inc. 12. Resolution accepting a two million dollar grant from the State of North Carolina to be used to help fund the Erwin Sewer Rehabilitation Project. (Attachment 3) 13. Establishment of policy to charge individuals and organizations for making copies of records in the custody of the Department of Social Services: Fees - $2.00 for first page and 25 cents for each page thereafter. This policy is in line with that of the Clerk of Courts office. The policy allows the fees to be waived by the DSS director for valid reasons such as inability to pay and compliance with court orders which orders waiver of the fees. 14. Designation of Work First Status as a “Standard County” for the Work First Program for fiscal years 2009-2010. Harnett Department of Social Services has been a Standard County since program inception in 1997. DSS has been successful using the standard plan and there is currently little financial incentive for “Electing Counties”. The DSS Board recommended that the department retain designation as a “Standard Work First County”. 15. Authorization for DSS to increase the reimbursement rate to 50 cents per mile for transportation of clients for medical appointments, Work First required appointments and other agency related transport requirements by private resources available in the County. The rate has been 29 cents per mile and has not been adjusted in over ten years. 16. Authorization for Public Utilities to purchase a sanitary sewer truck using piggyback process off Public Works Commission of Fayetteville, NC, which completed the formal bid process and purchased a truck in February, 2008. Adams Equipment Company of Lexington, SC will supply the same truck at the same cost of $277,782.50. 17. Creation of ten new positions to staff the new jail facility. As discussed in the budget process, funds for the positions are available within the existing budget. September: 1 jailer/flex officer, grade 62 4 jailer/booking officers, grade 62 November: 5 jailer/booking officers, grade 62 18. Authorization for Retired Senior Volunteer Program (RSVP) to submit an application to NC Department of Insurance Information Program (SHIIP) for a $4,200 grant to support RSVP Medicare Counseling. 19. Utility Transfer Agreement between the Town of Erwin and Harnett County relating to assets and real property previously acquired from Swift Textiles, Inc. d/b/a Swift Denim including a water intake on the Cape Fear River, a water treatment facility including a water reservoir, and a wastewater treatment facility, together with related easements. 20. Authorization for the Board of Directors of the Bunnlevel Volunteer Fire Department, Inc. to use available funds in the amount of $92,868.24 to replace an old cab and chassis with a new 2007 Series 7500 Chevrolet cab and chassis, move tanker body from old to new cab and chassis, replace old pump on tanker and re-paint cab and chassis to match. Informal comments were provided by the following citizens: - Ed Bain, attorney representing Willis Gregory, asked the Board not to send the Willis Gregory rezoning matter back to the Planning Board for review. - Fred Duncan explained why he thinks the Willis Gregory property should be changed to new zoning district – Light Industrial. - John Duncan stated that the Willis Gregory rezoning to Industrial was considered spot zoning and should be zoned Light Industrial. - Donald Hunter stated that changing the Gregory property to Light Industrial will work and help all of them including Mr. Gregory. - Willis Gregory said he was not notified about the meeting tonight. Chairman Byrd asked the Board for action on the Willis Gregory zoning issue. When the item was initially considered by the Board it was determined the best course of action was to request that the Planning Board consider the creation of a Light Industrial District that might accommodate Mr. Gregory’s needs while at the same time addressing community concerns. Due to concerns regarding the timeliness of the matter the Board chose at a subsequent meeting to rezone the property Industrial as requested by the applicant. Since that action the County now has in place a classification noted as Light Industrial. Chairman Byrd made a motion to ask the Planning Board to reconsider the Willis Gregory zoning issue and submit to the Board of Commissioners a recommendation regarding whether the property would be more appropriately zoned Light Industrial. Commissioner McNeill seconded the motion and it passed unanimously. Commissioner McNeill moved to appoint Grace McLean Watts to the Harnett Nursing Home Community Advisory Committee for a term to expire October 31, 2010. Commissioner Andrews seconded the motion and it passed unanimously. Samantha Ficzko, Planner, presented proposed Rules of Procedure and Design Guidelines for the Historic Properties Commission. Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. Comments were provided by the following citizens: - Elizabeth Crudup, 4005 Magnolia Ave., Dunn, and vice chairman of the Historic Properties Commission, stated that the document was thoroughly researched and very well put together. She also encouraged the Board to keep and improve the Rosenwald property (part of old Harnett High School). - James Clark, Dunn, Harnett High graduate 1958, encouraged the Board to preserve the Rosenwald property. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Andrews moved to adopt the Rules of Procedure & Design Guidelines for the Historic Properties Commission as presented. Commissioner McNeill seconded the motion and it passed unanimously. Wm. A. (Tony) Wilder, Assistant County Manager, presented for the Board’s consideration two Talbert & Bright, Inc. work authorizations for Harnett Regional Jetport projects. - Work Authorization No. 2701-0701 (Amendment 1): Construction phase services for the beacon relocation and specifications for the taxiway relocation and apron expansion. These are related to the new hangar construction and are according to the Master Plan. - Work Authorization No. 2701-0701 (Amendment 2): Construction phase services for the taxiway rehabilitation and apron. Both work authorizations are related to airport grant number 36237.25.9.1 (VISION 100) and are funded by “in-kind contributions” on the County’s part. Commissioner McNeill moved to approve the work authorizations. Commissioner House seconded the motion and it passed unanimously. Mr. Wilder presented for the Board’s consideration bids for the taxiway rehabilitation and apron expansion project. Talbert & Bright, Inc. received two bids, reviewed them and recommends awarding the contract for the project to Development and Utility Services of Wilmington. The bids received were: Barnhill Construction Company -- $115,175 Development and Utility Services -- $98,550. The project will be funded by airport grant no. 36237.25.9.1 and involves no local funds. Vice Chairman Hill moved to award the bid to Development and Utility Services as presented and authorize the assistant county manager to sign the contract. Commissioner Andrews seconded the motion and it passed unanimously. Mr. Wilder presented for the Board’s consideration a state grant agreement for the Harnett Regional Jetport. The grant is in the amount of $405,000 with “in-kind” match of $45,000. The grant will be used for the runway safety area and Instrument Landing System (ILS) site preparation. Commissioner Andrews moved to adopt a resolution accepting the grant and authorize the assistant county manager to sign the related documents. Vice Chairman Hill seconded the motion and it passed unanimously. (Attachment 4) Departmental reports were filed with the Board from the Planning Department, Veterans Service and Finance Department (Attachment 5). Vice Chairman Hill moved for the Board to go into closed session to discuss certain personnel matters. 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 Andrews seconded the motion and it passed unanimously. Mr. Emory recommended Cathey Clifton to fill the vacant Library Director’s position at a salary of $59,000. Commissioner McNeill moved to approved Mr. Emory’s recommendation as presented. Commissioner Andrews seconded the motion and it passed unanimously. There being no further business, Vice Chairman Hill moved to adjourn. Commissioner Andrews seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, September 15, 2008 adjourned at 8:10 p.m.