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052013 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 20, 2013 The Harnett County Board of Commissioners met in regular session on Monday, May 20, 2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington,North Carolina. Members present: Jim Burgin, Chairman Gary House,Vice Chairman Beatrice B. Hill, Commissioner Joe Miller, Commissioner C. Gordon Springle, Commissioner Staff present: Tommy Burns, County Manager Joseph Jeffries, Deputy County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Sylvia Blinson,Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman Burgin called the meeting to order at 7:00 pm. Vice Chairman House led the pledge of allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Mr. Burns requested the addition of 1)Public Utilities request for consideration of an amendment to the 2006 Utility Acquisition Agreement between the County and the Town of Erwin; and 2)the Airport Administrator's request for approval of an application to the NC DOT, Division of Aviation for funding and approval of a project ordinance establishing a budget for the Runway, Taxiway&Apron Pavement Rehabilitation project in the amount of$4,304,928 with a local match of$430,493. Commissioner Hill requested removal from the consent agenda for discussion purposes Human Resources request for approval to renew the current benefits plan with BC/BS for 2013-2014 fiscal year and approval to contribute$1000 in increments into HSA/HRA accounts of each active full-time and eligible part-time county employee. Commissioner Miller moved to approve the agenda as amended. Commissioner Springle seconded the motion which passed unanimously. Commissioner Springle moved to approve the items listed on the consent agenda. Commissioner Miller seconded the motion which passed unanimously. 1. Minutes: May 6, 2013,Regular Meeting Minutes May 20, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 2. Budget Amendments: 431 Health Department Code 110-7600-441.11-00 Salaries &Wages 30,575 increase 110-7600-441.21-00 Group Insurance 3,000 increase 110-7600-441.22-0 FICA 2,050 increase 110-7600-441.23-00 Retirement 2,166 increase 110-7600-441.26-08 Worker's Comp 1,303 increase 110-7600-441.32-26 Incentives 400 decrease 110-7600-441.33-45 Contracts 32,227.decrease 110-7600-441.55-12 Printing&Binding 74 decrease 110-7600-441.58-14 Travel 2,605 decrease 110-7600-441.58-18 Contract Travel 3,000 decrease 110-7600-441.60-33 Materials & Supplies 788 decrease 432 Health Department Code 110-7500-441.60-39 Materials & Supplies-Fans 648 increase 110-0000-353.75-02 Aging Donation-Fans 648 increase 437 Angier Elementary School CP080 Code 392-8300-480.45-30 Engineering 1 decrease 392-8300-480.45-75 Soil&Environmental 1 decrease 392-8300-480.45-80 Contingency 32,763 decrease 392-8300-480.46-01 Residual Equity 66,064 increase 392-0000-361.90-02 BB&T 372 increase 392-0000-314.50-00 Sales Tax 32,665 increase 392-0000-361.10-00 Interest 262 increase 439 Sheriff's Office Code 243-5100-420.32-53 Concealed Carry Fees 35,000 increase 243-0000-322.43-00 Concealed Gun Permits (State) 35,000 increase 441 Public Utilities PU0704 Ft Bragg W&WW Code 568-9100-431.45-40 Land and ROW 6,000 increase 568-9100-431.45-33 Materials & Supplies 6,475 decrease 568-9100-431.45-20 Legal and Admin 475 increase 446 Erwin WW Improvements Capital Project Ordinance PU00604 Code 564-9100-431.45-80 Contingency 214,000 decrease 564-9100-431.45-40 Land/ROW 49,000 decrease 564-9100-431.45-20 Legal/Admin 60,115 decrease 564-9100-431.45-33 Materials& Supplies 9,000 decrease 564-9100-431.45-01 Construction 5,554 decrease 564-9100-431.46-08 Chicora Phase II-Erwin Reimbursement 337,669 increase May 20, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 447 Solid Waste Code 583-8300-461.45-80 Contingency 10,972 decrease 583-8300-461.45-02 Construction WECC 10,972 increase 449 WIA Youth Program Code 234-7407-465.41-11 Telecom&Postage 625 decrease 234-7407-465.22-00 FICA Tax 300 decrease 234-7407-465.32-73 Training Vouchers 900 decrease 234-7407-465.12-02 Participant Wages 900 decrease 234-7407-465.58-19 Participant Travel 500 decrease 234-7407-465.11-00 Salaries & Wages 3,225 increase 452 Health Department Code 110-7600-441.33-45 Contracted Services 2,200 decrease 110-0000-331.76-01 WIC-Breastfeeding Peer Program 2,200 decrease 455 Solid Waste Code 250-6600-461.35-56 Operating Spec Acct/Electronics Mg. 6,812 increase 250-0000-336.25-01 Solid Waste/Electronics Management 6,812 increase- 456 ncrease456 Youth Services Code 110-7930-441.74-74 Capital Outlay/Capital Outlay Equipment 20,000 increase 110-0000-331.77-02 CBA Juvenile Restitution 18,000 increase 110-0000-399.00-00 Fund Balance Appropriated 2,000 increase 3. Tax refunds,rebates and releases (Attachment 1) 4. Sheriff's Office requested permission to submit a grant to the Office of Justice Program under the FY13 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase Mobile Computer CAD Software and Mapping Software for patrol deputies. There is no local match required. 5. Public Utilities requested approval of the write-offs for first quarter of 2013 totaling $17,240.63. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effective manage collections and bad debt. HC DPU is currently using the Local Government Debt Setoff Program and On-Line Collection, Inc. to help collect delinquent accounts. 6. Public Utilities requested consideration of an amendment to the 2006 Utility Acquisition Agreement between the County and the Town of Erwin. This amendment removes a portion of the 2006 agreement requiring the County to install specified utility infrastructure along Hwy 421 in the Town of Erwin in exchange for HCDPU reimbursing the Town for the expense incurred for the Chicora Phase II Sewer Annexation Project. May 20, 2013,Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 7. Airport Administrator requested approval of an application to the NC DOT—Division of Aviation for funding. Airport Administrator also requests approval of a project ordinance establishing a budget for the Runway, Taxiway&Apron Pavement Rehabilitation project in the amount of$4,304,928 with a local match of$430,493. The project will rehabilitate and strengthen runway 5/23,apron and taxiways A, B, C,D &F. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Sharlene Jones, 2370 Old Buies Creek Road, spoke against the County renewing the current health insurance plan with contributions into employee HSA/HRA accounts. Mrs. Jones said"we do not need Mr. Snipes in it,it is the worst plan, other people are profiting"and said they should do something better for employees. Mrs. Jones also asked"how long is the county tax payers going to be on the hook for the Good Hope Mental Health Hospital?" - Joe Langley, 298 Kirk Adams Road Angier, said it was premature for the County to make a decision on health care insurance given the Health Care Reform exchange enrollment period starts October 1st as he believes some county employees may be eligible for subsidies. Mr. Langley said there is a lot to be learned about Health Care Reform and explained the Navigator Program. There were no appointments. Mark Locklear, Interim Director of Planning Services,petitioned the Board for a public hearing on a proposed zoning change—Landowner: Larry Gene & Shirley Parker Newsome Trust, Applicant: Lexington Plantation Apartments,LLC,From Commercial to RA-20R Zoning; 3.27 +/- acres; Hwy 24-87; Anderson Creek Township. Mr. Locklear reported the Planning Board considered and unanimously approved the request based on favorable findings of facts at their May 6, 2013, meeting. The site is currently vacant. Surrounding land uses consist of M&B Auto, Brandywood Subdivision;vacant land and is in close proximity to a strip mall. As required for all zoning changes within a five mile radius of Fort Bragg,Regional Land Use Advisory Commission AC was contacted and had no issue with this rezoning. U � ) g Mr. Locklear reported staff evaluation as: - 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 the surrounding community is reasonable, as the requested zoning district is similar in nature to much of the existing development of the area and it would not cause any inconvenience or harm to the community. - The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district,RA-20R, is compatible with the existing Land Use Classification, Compact Mixed Use. The classification is May 20,2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 meant to encourage a combination of different residential types such as small lot single family and multi-family, commercial, and institutional uses. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA-20R would maintain the public health, safety and general welfare due to the other residential uses in the area. - This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning because it is adjacent RA-20R zoning. The Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to RA- 20R is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Mr. Locklear clarified that his site sits in front of an existing approved apartment complex that was approved with the original Lexington Plantation overall PUD plan. He said he believes they decided to purchase this property as an access directly off of Hwy 87. Commissioner Miller asked what the cost is to the county tax-wise to put in the infrastructure as these homes and apartments are being built. Mr. Locklear said usually in a project such as this the developer is responsible for all of the infrastructure cost. Steve Ward, Director of Public Utilities, explained that the Public Utilities Ordinance calls for a development based on its size and its approximate or planned usage;there is a fee structure set up in the ordinance to deal with that sort of thing. Mr. Ward said the ordinance also deals with any off-site improvements that the size of the development may require. Mr. Ward said they look at all projects individually. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - Joe Godwin with Enoch Engineer spoke on behalf of the owners of Lexington Plantation. Mr. Godwin said they were approved for 300 plus unites with the first phase consist of approximately 160 units in addition to a clubhouse. Mr. Godwin explained the infrastructure Lexington Plantations is putting in includes roads,water and sewer, a required lift station, outfall lines, force mains and water mains. Mr. Godwin said they are asking to rezone this property to give a better access from Hwy 87 so they can market it better and eventually it will have an internal access. Mr. Godwin responded that the builders are local from Harnett County and North Carolina. Chairman Burgin noted the additional apartments could add 500 children to the school system. Mr. Godwin responded that his client knows they are impacting the area and has offered to the County and would like to negotiate with the County a parcel of land they have available for a school. Chairman Burgin asked if they could table this issue until they can get an agreement on land to address the school issue. Mr, John Birath is aware of the available land. Mr. Jeffries noted the 300 units have already been approved and the rezoning request is for 3 acres which is mainly for the entry way, clubhouse and 24 units. Mr. Locklear noted Lexington Plantation would May 20, 2013, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 have to go to the Board of Adjustments for approval for the multi-family use of this property as it is an amendment to the PUD. Mr. Jeffries said we would be venturing close to contract zoning to leverage the land for rezoning which would be a problem. Commissioner Hill asked if the developers were planning to have charter schools out there which Mr. Godwin responded he was not aware of any details other than his client has offered to set aside land for school use. Seeing no one else move, Chairman Burgin closed the public hearing. Commissioner Springle moved to approve the propose zoning change as presented. Commissioner Miller seconded the motion which passed 4 to 1 with Commissioner Hill opposing. Steve Ward,Director of Public Utilities,requested approval by the Board of Commissioners of the County of Harnett, sitting as the Governing Body of the South Central Water and Sewer District of Harnett County, for the conveyance of easements by the South Central Water and Sewer District of Harnett County to the following property owners: 1B-2 Kevin Thomas Shea, II 1B-2 Dennis Peratt 1C-1 David Pickel IC-1 John and Marjorie McCormick 1C-1 John and Marjorie McCormick Mr. Ward explained that the easements had been obtained from the property owners for the project;however, a change of the project plans excluded these properties and therefore, it is proper to convey the easements back to the owners. Sitting as the Governing Body of the South Central Water and Sewer District of Harnett County Commissioner Miller moved to approve the conveyance of easements. Commissioner Springle seconded the motion which passed unanimously. The Board reconvened as the Board of Commissioners of the County of Harnett. Mr. John Rankin,Director of Human Resources,requested approval to renew the current benefits plan with BC/BS for 2013-2014 fiscal year. Human Resources also requests approval to contribute$1000 in increments into HSA/HRA accounts of each active full-time and eligible part-time county employee. Discussions continued. Commissioner Springle moved to approve Renewal of the current benefits plan with BC/BS for 2013-2014 fiscal year as well as contribute $1000 in increments into HSA/HRA accounts of each active full-time and eligible part-time county employee. Commissioner Miller seconded the motion that passed unanimously. Mr. Burns presented the following reports: - Inter-Departmental Budget Ordinance Amendments - Public Health Activities Summary April 2013 - Scattered Site Housing(SSH11)Monthly Performance Report May 20, 2013,Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 Chairman Burgin called for any new business. Commissioner Hill shared her concerns regarding the fact that C&D insurance,which is owned by Chairman Burgin, carries insurance on five fire departments in the County. Attorney Snow verified that there was no conflict of interest that he was aware of. Commissioner Miller talked about the need to do something about illegal dumping and littering along roads sides in the county. Commissioners asked Mr. Burns to talk to District Attorney Vernon Stewart about the possibility of an environmental court and other recommendations as well as the need to update the Solid Waste Ordinance Commissioners also asked Mr. Burns to contact Mr. Pat Cameron regarding the Good Hope financial statements and updating the board at an upcoming meeting. Commissioner Hill moved that the Board go into closed session to consider and give instruction to the County's legal counsel/staff concerning the handling of the following litigation: "County of Harnett vs. Randy D. Rogers and Gary A. House", Harnett County File No. 12 CVS 890. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3). Commissioner Springle seconded the motion which passed unanimously. Commissioner Miller moved that the Board come out of closed session. Commissioner Springle seconded the motion which passed 4 to 0 as Commissioner House was not present. Commissioner Miller moved to adjourn the meeting at 8:45 pm. Commissioner Springle seconded the motion which passed 4 to 0. !ATTACHMENT 1 . -Approved by the Harnett �'`. t"opanty Board of Commissioners Rte— '--5d-.R 0- _ _-_,-.."" / Board Report ._... Date:°05/20/2013 Approved By rl C` aQG Y ;�-do-13. TO;HARNETT COUNTY BOARD OF,COMMISSIONERS RE:CONSIDERATION OF REFUND FOR TAXES INTEREST AND PENALTIES FOR ALL,MUNICIPALITIES �_-� Tex Interest and., 51-11.7 .Re No.1---,7-------- Name of Tax Payer ' -',',.,':',F'". Bill`# e t y r1 e 40 R -son: ...� 71',---77—,,,—,,, �� Penalties ,lte Status- 1 BEACH, CHRISTOPHER BRIAN Military BEACH,:;ROBIN BROGK 0 City 0 00 161 CANYON CT - 001269901-2011 2011='000000. 6283 Refund Exemption. SANFORD, NC, 27332-133.1 County • 62 83 2 BEACH CHRISTOPHER BRIANCity 0 00 Military BEACH ROBIN BROCK 0001269901-2012 2012-000000 c 11029 Refund Exemption 161 CANYON:CT, ., SANFORD; NC, 27332 1331 County 110 29 3 BEACH, CHRISTOPHER BRIAN Mild- , BEACH, ROBIN BROCK City 0 00 ry '. 0001281653-2011 2011-;000000 62.83 Refund Exemption 161 CANYON.CT`: SANFORD, NC,.27332-1331'` County 62.83` 4 BENCHEOROUN, ANOUAR City 0 00 Military,;. . KARIMI 0001898446-2011 2011-000000 292.27 Refund Exemption 1315 COACHMAN WAY SANFORD NC, 27332: '. County - 29227 5 BRA,NNON,.ANDREA SUZANNE Military:ROBERT BRADLEY r City o.00 Exemption 40 NUT TREE CIR 0001974991-2011 2011-000000 117.57 Refund LILLINGTON, NC,:27546=6272 ' County. ' " 117.57 6:` BRANNON'ANDREA SUZANNE : : Military .. .. City ,., 0 00 _ :. 0 NUT TN, ROBERT BRADLEY 0001974991-2012 2012-:000000_ 55.49 Refund Exemption 40-,NUT TREE CIR LILLINGTON, N . 27546-6272 , County 55 49 7 BRANNON, ROBERT BRADLEY Military 40 NUT TREE CIR City 0 00 Exemption LILLINGTON, NC, 27546-6272 0001z90123-"2012-2012-000000 74.74 Refund P County,,.. '7474,.:.. 8 BRANNON .ROBERT,BRADLEY City . 0 00 Military 40 NUT TREE ANDREA SUZANNE 0001890101-2012-2012-000000 205:92 Refund : Exemption` 40 NUT CIR - LILLINGTON;'NC, _27546 6272 County •205.92- 9 HOLDER BRENDA STRICKLAND City() 21 91 Situs Correction 2717 OLD STAGE RDS 0001976595=2012-2011-00000021.91 Refund ERWIN NC,•28339:-,8927 County 0.00 10 NORTON TAMMY JEAN City 0.00 Military NORTON ERIC R LL•SR 0001751725-2012-2012 000000 70.68 Refund. 3170.BETHEL BAPTIST RD . Exemption SPRING LAKE; NC, 28390=.8182 = County 70.68 11 HUDSON,'SHARON.WILLIAMS City() 78,54 Situs Correction PO BOX 2295 ` 0002075680 2012-2012=000001 , 78.54 Refund DUNN, NC; 28335-2295 , County 0:00 12 LEANDRO JOHN- MELVIN `, LEANDRO BRENDA LISA City 0.00. Military i.. 540,IVIELODY LN' 0001974466-2011-2011-000000 75.41 Refund Exemption CAMERON, NC, 28326-9415 County 75.41 ' 13 MCDANIEL, DUSTIN KEITH Military 91 WILSON RUN City 0:00 Exemption BUNNLEVEL, NC, 28323-9651 0001678928-2009-2009-000000 87.29 Refund County 87.29 14 MCDANIEL; DUSTIN KEITH Military City 0.00 91 WILSON RUN - En BUNNLEVEL, NC, 28323:9651 0001780365-2010-2010-000000 39.46 Refund xem tiop , County 39.46 15 MCDANIEL, DUSTIN KEITH 0001780365-2011-2011-000000. City0.00 31.61 Refund Military 91 WILSON RUN Exemption I BUNNLEVEL, NC, 28323-9651 County. _ ' " 31.61. . , ' 16 1 61- 16 MCDANIEL, DUSTIN KEITH... • Milla 91 WILSON RUN City 0 00 Military' 0001780365-2012 2012-.000000; - 28:57• Refund ' Exemption: BUNNLEVEL; NC, 28323-9651 - County 28.57- 17 MCDANIEL, DUSTIN KEITH Military BUNNLEVEL, NC, 28323-9651 0001898921-2011 2011='000000. 57.63 Refund Exemption County .. 57.63 ,, :, . 18 MCDANIEL, DUSTIN KEITH 1 Military, 91 WILSON RUN ' City 0'00 ry:: 91 WILSON VEL; NC, 28323-9651 0001898921-2012 2012;,000000 51,.21 Refund Exemption ''.. Coun , ' . ty 51.21, . - 19 MCDANIEL, DUSTIN KEITH ' • Milita y," 91 WILSON RUN. City :; ry. •''0001976223-2012 2012-.000000 10.99 Refund Exemption BUNNLEVEL,.NC 283239651 .: - - .. BUNNLEVEL NC,.28323-`9651 County 10.99 20 MCDANIEL DUSTIN KEITH = City 0 00 Military 91 WILSON RUN 0001983769-2012 2012=.000000 26.62 Refund Exemption BUNNLEVEL,^NC, 28323-9651 , . •:, -�. County ` 2662.... . 21 OWENS, MARGARET ' City • 0.00 '° Double Listed 774 MOUNT OLIVE CHURCH ROAD 0000040566-2008 20081 000000 24.96 Refund LILLINGTON NC 27546-0000 County • 2496,' 22 OWENS MARGARET • 774.MOUNT OLIVE CHURCH ROAD .0000040566-2009-2009-000000 28.59 Refund Ci Cod* 0 00 stied LILLINGTON NC, 27546-0000 City Double Li Coun 28.59 23 OWENS, MARGARET : City 0.00 -Double-Listed • 774 MOUNT OLIVE CHURCH ROAD .0000040566-2010-2010-000000 28.59 ' Refund LILLINGTON'NC,'27546=0000 County .28.59, 24 OWENS, MARGARET ' _ City 0.00 Double Listed 774 MOUNT OLIVE CHURCH ROAD' 0000040566-2012-2012-.000000 28.5.9 - Refund LILLINGTONNC, 27546 0000, County 28.59 25 RIVERA, ANA FRANCIS City, 0.00 Military`, 1013 CASTLEBAY CT . .0002000944--2012 2012-000000 209.08 Refund Exemption FAYETTEVILLE NC 28303 County 209.08 .. 26 SCHRAM JAMES ROBERT: City0 00 Military,`. 7415 COBBLESTONE DR 0001659238=2008 2008-000000170.03 Refund = Exemption AMARILLO TX,'79119-6251 County 170.03 27 STRICKLAND, JOSEPH JACKSON City() 23.43 • Situs Correction 357 BAILEY RD 0001990527-2012-2012-000001 23.82 Refund. COATS, NC, 27521-9312 County ,0.39 28 STRICKLAND, JOSEPH JACKSON " City() 17.67 Situs Correction , 357 BAILEY RD 0002008595-2012-2012-000001 17.94 Refund COATS; NC, 27521-9312 County 027 29 WILLIAMS, KEVIN LEE • •City 0.00 Military 20B SHADY DR.: SPRING LAKE, NC, 28390-7339 . 0001993947-2012-2012-'000000 100.00 Refund Exemption County. 100.00 , WM.A.TONY WILDER City Total 141.55 ', Revenue Administrator Countyota2,051.91 , Total • Total to be 2,193.46 Refunded CC: WM.A.TONY WILDER '