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110308r 908 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 3, 2008 The Harnett County Board of Commissioners met in regular session on Monday, November 3, 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: Wm. A. (Tony) Wilder, Interim County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 9:00 a.m. and Vice Chairman Hill led the pledge of allegiance and prayer. Commissioner Andrews moved to approve the agenda as published with addition to consent agenda: - fee proposal for Phase I Environmental site assessment for Hairfield Farm - debt set-off resolution -resolution authorizing exemption regarding Public Works Business Center project Vice Chairman Hill seconded the motion and it passed unanimously. Commissioner McNeill moved to adopt a resolution naming Wm. A. (Tony) Wilder as 4110 Interim County Manager. Commissioner House seconded the motion and it passed unanimously. (Attachment 1) Upon motion by Commissioner McNeill and seconded by Commissioner Andrews and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, October 20, 2008 2. Budget amendments: 111 Emergency Response Planning(Fund 263 —Emergency Response Planning) Code 263-0000-399.00-00 Fund Balance Appropriated 28,508 increase 263-5251-420.11-00 Salaries &Wages 23,960 increase 263-5251-420.22-00 FICA Tax Expenses 2,181 increase 263-5251-420.21-00 Group Insurance Expense 250 increase 263-5251-420.23-00 Retirement 1,397 increase 263-5251-420.23-01 Supplemental Retirement 570 increase 263-5251-420.26-08 Worker's Compensation 150 increase 112 Communications (Fund 110-General) • Code 110-5110-420.60-33 Materials & Supplies 5,000 increase 110-0000-399.00-00 Fund Balance Appropriated 5,000 increase 113 Cooperative Extension(Fund 110-General) Code 110-7300-465.32-31 Special Accounts unts 4-H Programs 15,560 increase 110-0000-344.14-00 4-H Program 9,000 increase 110-0000-399.00-00 Fund Balance Appropriated 6,650 increase 909 115 Health(Fund 110-General) Code 110-7600-441.30-04 Professional Services 1,000 increase 110-7600-441.32-26 Incentives 66 decrease 110-7600-441.41-11 Telephone &Postage 1,525 increase 110-7600-441.44-21 Building &Equipment Rent 1,000 increase 110-7600-441.54-26 Advertising 2,000 increase 110-7600-441.55-12 Printing& Binding 2,119 decrease 110-7600-441-58-14 Travel 1,038 increase 110-7600-441.60-33 Materials & Supplies 5,125 increase • 110-7600-441.64-25 Books 400 increase 110-0000-331.76-21 Local Asthma Effort 9,903 increase 116 Health(Fund 110-General) Code 110-7600-441.41-11 Telecommunication&Postage 400 increase 110-7600-441.41-13 Utilities 525 increase 110-7600-441.43-16 Maintenance &Repair 90 increase 110-7600-441.54-26 Advertising 231 increase 110-7600-441.58-01 Training 300 increase 110-7600-441.60-33 Materials & Supplies 5,500 increase 110-7600-441.60-46 Medical Supplies 5,500 increase 110-0000-331.76-01 WIC Program 12,546 increase 117 Jail (Fund 110-General) Code 110-5120-420.30-04 Professional Services 3,000 increase 110-0000-399.00-00 Fund Balance Appropriated 3,000 increase 118 Law Enforcement &Detention Facility Capital Project (Fund 313-CP0401) Code 313-8300-410.45-01 Construction 23,410 increase 313-8300-410.45-80 Contingency 23,410 increase • 119 Cape Fear River Trail Capital Project (Fund 384-CP0705 Code 384-8300-465.45-01 Construction 3,000 increase 384-8300-465.45-20 Legal &Administrative 3,000 decrease 120 Airfield Improvements Vision 100 Capital Project (Fund 389-CP0801) Code 389-8360-465.45-01 Construction 91,600 increase 389-8360-465.45-20 Legal &Administrative 2,000 increase 389-8360-465.45-30 Engineering 18,000 increase 389-8360-465.45-67 Quality Inspection 12,000 increase 389-0000-331.67-02 Reconstruction Shed Hanger 111,240 increase 389-0000-389.10-00 Interfund Transfer-General Fund 12,360 increase 121 Interfund Transfer(Fund 110-General) Code 110-8701-490.90-79 Interfund Transfer-Airfield 100 12,360 increase 110-0000-399.00-00 Fund Balance Appropriated 12,360 increase 3. Tax Refunds (Attachment 2) 4. Authorization for Emergency Services to submit a pre-application to the North Carolina Division of Emergency Management to determine if Harnett County qualifies for available funds for the purpose of updating the county's present mitigation plan. • 5. Proclamation designating the month of November, 2008 as Family Caregivers Month. (Attachment 3) 6. Authorization for Boone Trail Emergency Services to purchase a 2008 Pierce pumper fire truck. The cost of the new pumper is $355,000.00. Funding will consist of 50% from current budget and the remaining 50%will be financed with Branch Banking& Trust. The new truck will replace a 1981 Chevrolet pumper. 9.1.0 7. Engineering Services Agreement with Marziano &McGougan, P.A. in the amount of $233,000.00 associated with the Buffalo Lakes Wastewater Extension project. 8. Authorization for Sheriffs Depatlnnient to accept a Criminal Justice Partnership Program grant in the amount of$104,603. This program provides GED classes, life skill classes, drug counseling and other services for sentenced offenders. 9. Authorization for Sheriffs Department to accept an Edward Byrne Memorial Assistance Grant in the amount of$10,432.00. The funds will be used to purchase Mobile Data Computers for patrol deputies. The grant requires a 10%match from the County. • 10. Authorization for the Sheriffs Department to declare an outdated Automated Fingerprint Identification System surplus property and donate it to Central Carolina Community College. The equipment will be used in the Basic Law Enforcement Training program. 11. Adoption of the 2009 Schedule of Values including Market and Present Use schedules. The Schedule of Values was presented to the Board of Commissioners on September 2, 2008 and a public hearing was held by the Commissioners on October 6, 2008. (Attachment 4) 12. Authorized Retired Senior Volunteers Program (RSVP) to submit an application for $1,000.00 from United Way of Harnett County grantee funding. 13. Authorized RSVP to submit a grant application to the NC Department of Insurance for the Seniors' Health Insurance Information Program (SHIIP) in the amount of $10,000.00. The funds will be used for outreach and education to Medicare beneficiaries. 14. Change Order No. 14-Law Enforcement and Detention Center in the amount of $23,410. The changes involve electronic door revisions, exhaust fan in the breathalyzer room and plastic paneling in men and women locker rooms showers. • 15. Block Grant Agreement with NC Department of Transportation for Harnett Regional Jetport VISION 100 Grant. Acceptance of the grant was approved July 21, 2008. 16. Work First Plan for Fiscal Years 2009-2011. The plan has been reviewed by the Work First Planning Committee, the Department of Social Services Board and has been open for public comments. 17. Award of Construction Manager Contract/General Conditions for Public Works Business Center and Resolution Authorizing Exemption(Attachment 5) 18. Fee proposal and scope of services for Phase I environmental site assessment for Hairfield Farm, 137.74 acres on Old McArthur Road. The fee proposal submitted by Timmons Group is $3,500.00. 19. Resolution authorizing the County to participate in the NC Local Government Debt Setoff Program for calendar year 2009 (Attachment 6) The following citizens spoke during the informal comments portion of the meeting: Marion Hobbs, Bunnlevel, representing himself and 16 other landowners, requested a 120 day moratorium on all development approvals for property within the area designated for • zoning pursuant to a petition for zoning in Stewart's Creek Township. Jim Burgin, Angier, asked the Board to reconsider and not appoint a current county commissioner to the Harnett Health System Board even if that member is going off the County Commission Board in December. Commissioner Andrews moved for the appointments listed below. Commissioner House seconded the motion and it passed unanimously. .911 Historic Properties Commission Otis Butler Nominated by Commissioner McNeill Cemetery Board of Trustees Melanie Collins, Julia M. Gambrell, Vernon C. Gambrell, II, Jacqueline L(Jackie) Frye and Harnett County Register of Deeds (ex officio) All nominated by Commissioner Andrews • Howard Penny, Chairman, Harnett Health System Nominating Committee,reported that the committee had met to consider recommendations to replace two members who have resigned from the Harnett Health System Board of Directors. The Nominating Committee recommends Cornelia Stewart from commissioner district 4, and Teddy Byrd from commissioner district 3. Commissioner McNeill moved to approve the nominations as recommended by the nominating committee. Commissioner Andrews seconded the motion and it passed 4 to 1 with Commissioner House casting the dissenting vote. Commissioner House stated that he believes there needs to be more members with a medical background on the 13 member Board of Directors. Samantha Ficzko, Planner presented a zoning change request for Lester Stancil & Associates, PLS, PA from RA-30 to Commercial Zoning District, landowner: Barlane Development, LLC, 15.701 acres, Hwy. 210N, Black River Township. The Planning Board unanimously recommended denial of the request based on unfavorable finds of facts. Chairman Byrd called to order a public hearing and opened the meeting for comments from the public. Comments were received from the following citizens: - Bob Barker, 401 North Woodrow St., Fuquay-Varina, stated that re-zoning would add tax value and a town will grow at the crossroads at Hwy 210 and Harnett Central Road. - Jim Burgin, Angier, stated the NC DOT and the Planning Department should be able to address safety concerns at the intersection. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Andrews moved to approve the zoning change requests as presented. Commissioner McNeill seconded the motion and it passed unanimously. Chairman Byrd stated that the opposite side of the road has been rezoned and he agreed with Mr. Barker that it needed to be zoned commercial, that it is not a small scale rezoning. Commissioner McNeill stated it would help the community and that NC DOT can help with traffic; it does conform to the county's guidelines. Vice Chairman Hill noted that re-zoning the property would help bring employment to the county. Commissioner House has concerns with visibility but traffic issues can be mitigated buy NC DOT. Wm. A. (Tony)Wilder, Interim County Manager, presented for the Board's consideration a Memorandum of Understanding with the City of Dunn regarding Harnett High School property. The Board of Education wants to convey the property to the City of Dunn. The Memorandum of Understanding transfers the property from the Board of Education to the County and then from the County to the City of Dunn. Ms. Elizabeth Crudup, speaking for the Harnett Historical Association, requested that the Rosenwald School building be given to the Harnett Historical Association to be preserved and used for education. Commissioner McNeill asked Ms. Crudup for a timeline for restoration. Ms Crudup stated that it would take two to three years but as a first step, ownership would need to be transferred to the Harnett Historical Association. Commissioner McNeill moved to table the issue until the November 17 Board of Commissioners meeting. Commissioner Andrews seconded the motion and it passed unanimously. 111 Departmental reports were filed with the Board from the Planning Department and Animal Control. Commissioner McNeill moved to schedule a public hearing, to be held at the November 17 Board of Commissioners meeting, regarding a requested moratorium on all development approvals for property on certain 705.38 acres, US 401 S, Stewart's Creek Township. Stewart's Creek Township is not zoned. Commissioner Andrews seconded the motion and it passed unanimously. r o.- .2 9.12 Vice Chairman Hill moved that the Board go into closed session for the following purposes: (1) To discuss matters relating to the location of expansion of industries or other businesses in Harnett County; and (2) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(4)&(6). Commissioner Andrews seconded the motion and it passed unanimously. Commissioner McNeill moved to come out of closed session. Commissioner Andrews seconded the motion and it passed unanimously. • There being no further business, Vice Chairman Hill moved to adjourn. Commissioner McNeil conded the n and it passed unanimously. The Harnett County Board of Commi one re r m ting,Nov ber 3, 2008 adjourned at 10:15 a.m. Teddy J. yr , Chairma KaY S Bl nchard Clerk to the Board Attachment 1 RESOLUTION APPOINTING INTERIM COUNTY MANGER WHEREAS,licoaose of the retirement of Neit Emory effective October 3 I.20tIti.the positionof I-IOrnett County Manager is r ow...acme;and WHEREAS.for a period oftirne prior to Mr_Emery's retirement.W I11itrn A_(Tony)Wilder served as Assictnnt Counry Manage and WHEREAS,the Nynetl Courtly B.wd afCmamisaikNters finds it necessary tnappoint art Interim Cvonty M roger in order to promote the coral. ad orderly ara efficient administration ofCnrrnty;1lnhs, .end WHEREAS,North Crrroliirs General Statute 153A-84 prweides that when the pasiticsn of County • hl man ger it twin*the Baird shall designate a qualified pee cjn tot exeteise the powers and perform the duties ofCounry A'[aavper until the+aurnwy Is tilled:and WHEREAS,the Prmrel flrtds that William A.(Tony)Wilder should be appointed as Interim C'srursty l'.lartartr and be tested with-the powers and dirties olCounly Manager as set ant in North Carolina General Statute E53A•82 untiF such Brno Biel the Boaerd shall fill the vacassny of County Mratemea_ NOW,THEREFORE,i)E I'f.RESOLVED BY THE}IARNETT COUNTY BOARD C1F C5OMMISISONERS THAT: I. Pumoans-tn the provtsicros DFN.C.General Statute 153A414,Willi-tot A,{rats3')Wilder is hereby uppxrirrted.as Interim County Manager Ice larnett County_ 2. As interim County Manager,William A.(Tcmy)Wilder i3 authorized and empowered to siu on EA:hulle d the Cnunry%HAI include%those pavers and duties set nut in N,C,Getterul St,tute E53A-82. 3. All matters and things Itcreanfore dune,perfcerrted or acted upcvr by.Mr.Wilder out behalf of the County while serving asA.ccisE.entCourtu Maw.,,erare hereby ratified and authorized. , riopeed this the 7 e'day orNovember.2008, }IARA'EIT COUNTY BOARD OF COMMISs[(NE ltS Attu Tcid BynL C Inman 1:,-;ft-itrhard,Clerk tn.the E3,nard • v., • 913 Attachment 2 Anprcrcd by tha Hsrne t Doc 44,4r. 3, Date:.11,0312>0 Approved 0y: TO;HARNETT COUNTY BOARD OF COMMISSIONERS RE;CONSIDERATION OF REFUND FOR TAXES,INTEREST AND PENALTIES FOR ALL MUMCIPAUTIES Ni.i Nam of Tat Pew' , SRI i Tdritereet mod Total RfYoe Rat ' 1 A TONELLI.�TT�MI City 000 Mililaty Exemption F 5 RAXTONIN,NC 283359005 07014297i6-26d1•2007-000000 61.24 Refund • ERWIN,NC,2=13-005d CaeaYy 61.29 ANTONE 2 AIARESHW,MATT}t@AI Ciy 0,00 Military Exemption BRAXTON CT 0001550460-2907-2007.000000 105.79 Refund ERWIN,h'C 203189095 Carey 19679 ERWtN, MC.28339-00t 5 3 BULLOCK.IASON CRAM- City 0.00 Military E CAMERON NC 253286627 0001400310.2001.Zrp7-000000 63.55 Refund xClnp7d08 CAMERON NC.28320 41927Cauni ad] µ�PARGD09A DONALD DR J Y 0.00 Military Exemption SPRIN4 RAKE, NC,23380• 0001300334,2006.2006-000000 146.92 R6N00 7960 GnunTy 14E02 DAYTAN, OMAR 14 BUCKEYE PL City0.00MilitaryE,;6tnpliaa CAMERON.NC 252265167 000157 0224-20C&3005.000000 18.57 Refund CAMERON,NC,25326- County 1667 6167 Batty Srottb Cdy TOW Q CO Revenue e County Tole' 329.47 AdminUtro1or Total In be Refunded 329.57 CC: Attachment 3 PROCLAMATION Family Caregivers Month 2008 WIIE•RL•AS,the Harnett County Board of Commissioners is joining the State[if • North Carolina and the Nation in declaring November as Family Caregivers Month 2008 to honor and support the tremendous contributions family caregivers make every day LO spotlight the fact that most people who need care rely'on(runny and friends for their support;and WHEREAS,many businesses are realizing the value in providing support to employees who are family caregivers because family care giving often comes with great personal sacrifice in terms of job and financial security,social life,and physical,mental and emotional health;and - WHEREAS,the North Carolina Division of Aging and Adult Services,Harnett County Department on Aging,the area agencies on aging,and many other human service agencies are committed to increasing the awareness ot'caregivcrs'needs and continue to work to meet these needs. NOW,THEREFORE,771E HARNETT COUNTY BOARD OF COMMISSIONERS does hereby proclaim the month of,November,2008.to he "Family Caregivers Month"in Harnett County and urges all its citizens to acknowledge and support family,friends,and neighbors who are helping Our older and disabled citizens. Adopted this 3i1 day of November,2008. HARNEI'1 COUNTY BOARD OF COMMISSIONERS r . Teddy 1. rd,C airrnan 411111 • l Beatrice . iill, it ChairmanB. Dan D.Andrews Tint McNeill arv'Ilouse Attachment_4 9,14 Notice of Adoption of Schedules, Standards, and Rules for 2009 Reappraisal Notice is hereby given that on November 3,2008,the Harriett County Board of Commissioners adopted the true market value and present use value schedules,standards,and rules to be used in the 2009 reappraisal of real property in Harnett County. Notice is further given that a copy of said true market value and present use value schedules,standards,and rules are on filed in the office of the Harnett County Tax Administrator and are available for public inspection Monday through Friday from 8t30 AM until 4:30 PM.The office is located at 305 West Cornelius Harnett Blvd.Suite 101 Lillington,NC 27546. • Notice is hereby further given that a property owner who asserts that the schedules,standards,end rules are invalid.may except to the order and appeal to the North Carolina Property Tax Commission within thirty(30) days of the date when the notice of adopting the schedules,standards,and rules was first published. This 3rd day of November,2008 Harnett County Board of Commissioners 1)1112111" fd„. hairman Attachment 5 HAItNETT COUNTY BOARD OF CONIMISSIONE RS RESOLUTION AUTHORIZING EXEMPTION PURSUANT TO N.C,G.S.114341,2 WHEREAS, N,C.G.S. 143-31 sets forth a requirement that contracts for architectural, engineering,surveying and construction manager at risk Services for an • amount greater than 530.0110 he solicited without regard to competitive pricing:and WHEREAS.County of Harnett proposes to enter into one or more contracts for such services for work on the Public Works Business Center,a part and portion of the 2007 Water Treatment Plant Upgrade project:and WHEREAS, N.C.G.8. 143-64.32 authorizes local governments to exempt particular projects from the provisions of Iv_C.G.S. 141-0431 at their sole discretion, Orating,the reasons for the exemption;and WHEREAS,the Harnett County Board ofCcanmissioners fads,in its sole discretion,to exempt the Public Works Business Center.a part and portion oldie 20 t7 Watt:Treatment Plant Upgrade project,from N.C.G.S.143-3]on the basis that: a. snid project requires in-depth knowledge ol`the operations of the Harnett County Department of Public Utilities;and b. said project requires expertise in the areas of water production and distribution and waste water treatment:and c. said project requires demonstrated competence,ability and qualificatiotrs,and d. said project requires the formulation at the project that would meet the needs of the County within the established budgetary constraints;and e. that the construction schedule ofsaid project is critical to supporting the County s obligations to the United Stares Government for the Fort Bragg Waterard waste Water Agreements:and f this exemption is an efficient anal cost effect method ofrornplcting Rid capital building profeet. NOW THEREFORE.13E IT HEREBY IWSOLVED by the flan:•ett County 1s,d of Commissioners,that,the above-described project is hereby made exempt from the provisions of G.S.143-54,31 far the reasons stated in this resolution;and IWF IT FURTHER RESOLVED, that this resolution shall be effective upon passage; 41111 915 ADOPTED this the 3°t day of November,-WS, _ r TE '3.BYE CHAIRMAN OF THE FIARNET`C COUNTY BOARD OF OOMMISSIONERS ATTESTED: S Attachment 6 !Harnett County NC Local Government Debt Setoff Program Resolution • Whereas, NCGS Chapter 105A, Setoff Debt Collection Act, authorizes the North Carolina Department cvt'Revenue to eoop race in identifying debtors who owe money to qualifying ltxal agencies and who are due refunds from the Department of Revenue;and Whereas, the law Guth eizci the netting otT aP een in dehta owed to qualifying local agencies against tax retinas;and Whereas. the North Carolina Association of County Commissioners and the North Carolina League of Municipalities have jointly established a clearinghouse to submit delis on behalf of the County of Harnett as defrned in G.S. 105A—2(6). effective January],2009 and thereafter pfovidegi by law; tow Therefore,be it Resolved that the County of Harnett will participate in the debt setoff program and hereby designates Deanna Barefoot. Finance a: Accounting Specialist,as the person to hold hearings and conduct necessary proceedings, The France Officer is hereby authorized to execute such documents alai agreements as necessary to participate in the debt setoff program Duly adopted this 3rd day of November,NAS. ,.; Tc •y 1.Byrd, h man Hamt County Board of Commissioners 'ra. ATTEST: d/. Kay S. lanclwd.Clerk Harnett Comity Board of Contnissiolars • •