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011706m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 17, 2006 The Harnett County Board of Commissioners met in regular session on Tuesday, January 17, 2006, in Courtroom 6, Harnett County Courthouse, 301 West Cornelius Harnett Boulevard, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill 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 and Commissioner Andrews led the pledge of allegiance and prayer. Vice Chairman Hill moved to approve the agenda as published with the addition of the following items to the consent agenda: - project ordinance for Public Utilities-Davis tract - change order for Agriculture Center and Animal Control building project Commissioner Andrews seconded the motion and it passed unanimously. Upon motion by Commissioner McNeill and seconded by Commissioner Titchener, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, January 3, 2006 Special Meeting, January 13, 2006 (work session) 2. Budget amendments: 222 Harnett-Fuquay Wastewater Project (Fund 551-“PU012B”) Code 551-9100-431.45-38 Park Const.-Contract A1 12,479,429. increase 551-9100-431.34-39 Park Const.-Contract A2 5,594,576. increase 551-9100-431.34-41 T.A. Loving Contract B1 13,568,000. increase 551-9100-431.45-42 Temple Grading-Contract A3 798,215. increase 551-9100-431.45-80 Contingency 2,194,465. increase 551-0000-353.90-03 Town of Angier Contribution 2,167,330. increase 551-0000-344.90-06 NC State Bond Grant Harnett/Fuquay 3,000.000. increase 551-0000-370.76-00 State Revolving Loan 15,000,000. increase 551-0000-353.90-04 Town of Lillington 1,334,000. increase 551-0000-353.90-05 Town of Fuquay 17,500,000. increase 551-9100-431.60-57 Miscellaneous Expense 2,000,000. increase 551-9100-431.45-70 Interest During Construction 150,000. increase 551-9100-431.45-20 Legal & Administrative 100,000. increase 551-9100-431.90-30 Interfund Transfer-Pub. Utilities 1,707,520. increase 551-9100-431.45-33 Materials & Supplies 409,125. increase 223 Rural Internet Access (Fund 110-General) Code 110-0000-334.49-01 E-Communities Grant 4,200. increase 110-4920-410.60-33 Materials & Supplies 2,700. increase 110-4920-410.41-11 Telephone & Postage 1,000. increase 110-4920-410.30-04 Professional Services 500. increase 229 Health (Fund 110-General) Code 110-7600-441.32-26 Incentives 300. increase 110-7600-441.55-12 Printing & Binding 400. increase 110-7600-441.60-46 Medical Supplies & Drugs 12,961. increase 110-7600-441.64-25 Books & Publications 500. increase 110-0000-331.76-19 TANF Birth Prevention 12,161. increase 110-0000-331.76-12 Family Planning 2,000. increase 230 Health (Fund 110-General) Code 110-7600-441.11-00 Salaries & Wages 4,000. increase 110-7600-441.12-00 Group Insurance Expense 258. increase 110-7600-441.22-00 FICA Tax Expense 306. increase 110-7600-441.23-00 Retirement 196. increase 110-7600-441.23-01 Supplemental Retirement 80. increase 110-7600-441.58-14 Travel 160. increase 110-0000-334.76-15 Healthy Carolinians 5,000. increase 231 Solid Waste (Fund 580-Solid Waste) Code 580-0000-399.00-00 Fund Balance Appropriated 38,000. increase 580-6600-461.60-31 Gas, Oil & Auto Supplies 38,000. increase 232 Sheriff (Fund 110-General Fund) Code 110-0000-336.15-00 Controlled Substance Tax 511. increase 110-5100-420.32-27 Drug Program 511. increase 235 Various (Fund 110-Gneral Fund) Code 110-0000-399.00-00 Fund Balance Appropriated 10,519. increase 110-4700-410.44-21 Pub. Bldgs-Bld. & Equip. Rent 19, 550. increase 110-5400-420.44-21 EMS-Bldg. & Equip. Rent 9,788. decrease 110-5401-420.44-21 EMS Transport – Bldg. & Equipment Rent 757. increase 236 Emergency Medical Services (Fund 110-General) Code 110-5400-420.31-17 Ad Valorem Tax-Rescue 107,000. increase 110-0000-399.00-00 Fund Balance Appropriated 107,000. increase 239 Agricultural Center/Animal Shelter Capital Project (Fund 370-“CP0501”) Code 370-8302-420.45-01 Animal Shelter-Construction 747. increase 370-8302-420.45-80 Contingency 747. decrease 3. Tax Refunds (Attachment 1.) 4. Authorized purchase of LaserFiche document management system, entry level (Phase I) and scanning services from One Source Document Solutions, Inc., Greensboro. Technology now exists that would permit the county to develop board meeting minutes in a format that is searchable in the same manner as the internet. In the proposal from One Source, the county will receive the software necessary to implement this process as well as scanning of minutes back to 1990 (Cost: $7,500.). This means that internally we will have searchable minutes for the last fifteen years. During the upcoming budget process we will also be considering whether to submit to the Board upgrades (Phase II) that would permit minutes to be searched by the public through the web. 5. Write-off of delinquent Public Utilities accounts for the fourth quarter of 2005. All of these accounts have been in a delinquent status for more than 3 years and total $12,859.89. Public Utilities continues to use the Local Government Debt Setoff Program and On-Line Collections, Inc. to help collect the delinquent accounts. Over $80,000 in bad debt previously written off has been received. 6. Modification of existing Wellons Utility Acquisition agreement originally executed on September 27, 1999. The modification consists of extending a timeline in which the County was supposed to reimburse the Wellons Corporation for unused capacity fees as of December 31, 2005. The original agreement allowed the County to provide a credit of $710,000 in water and sewer capacity fees to the Wellons Corporation in exchange for such a deduction in the actual cash outlay at the time of the acquisition. Currently approximately $200,000. of this credit has been used by the Wellons Corporation leaving approximately $500,000. due them per the original contract. This modification extends the previous deadline by a year until December 31, 2006. 7. Authorization for the Health Department to submit an application for a grant in the amount of $10,000. from the North Carolina Institute of Public Health to assist with Community Assessment. This Assessment is due in December, 2006 and is a major component of the Health Promotion/Education Program as well as the Accreditation Program. 8. Project Ordinance for Public Utilities – Davis Tract (Attachment 2) 9. Change Order for Agriculture and Animal Control building project (Attachment 3) Dwight W. Snow, County Attorney, reviewed changes in the N. C. General Statutes that became effective January 1, 2006, regarding “Comprehensive Plan” as it relates to zoning change requests. G.S. 153A-341 provides that a statement from the planning board that the proposed amendment is inconsistent with a plan does not preclude the governing board from adoption of the amendment. This governing board is then required to adopt a statement on plan consistency before adopting or rejecting any zoning amendment. This statement must also explain why the board believes the action taken is (1) reasonable and (2) in the public interest. Mark Locklear, Senior Planner, presented a zoning change request for Clyde Patterson and Douglas Wayne Mangum, applicant: Allan Casavant, from RA-20R to Commercial Zoning District, 4 tracts totaling 11.33 acres, Hwy. 27, Johnsonville Township. The Planning Board recommends approval of the zoning change request. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. Allan Casavant, P. O. Box 12, West End, NC, stated that there are plans to build a Dollar General store on the property. There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill stated that the requested zoning change is reasonable and in the public interest. He moved to approve the zoning change for Clyde Patterson and Douglas Wayne Mangum as requested. Commissioner Andrews seconded the motion and it passed unanimously. Mark Locklear, Senior Planner, presented a zoning change request for James Mark Currin, from RA-30 to Commercial Zoning District, 1.0 acre, US 421, Upper Little River Township. The Planning Board recommends approval of the zoning change 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 stated that the requested zoning change is reasonable and in the public interest. He moved to approve the zoning change request for James Mark Currin as requested. Commissioner McNeill seconded the motion and it passed unanimously. Mark Locklear, Senior Planner, presented a zoning change request for Paul Barbour, from RA-30 to Commercial Zoning District, 3.94 acres, US 401N, Hector’s Creek Township. The Planning Board recommends approval of the zoning change 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 stated that the requested zoning change is reasonable and in the public interest. He moved to approve the zoning change for Paul Barbour as requested. Vice Chairman Hill seconded the motion and it passed unanimously. Mark Locklear, Senior Planner, presented a zoning change request for Pentagon Holdings, LLC, from RA-20R to Commercial Zoning, 40.10 acres, Hwy 87, Anderson Creek Township. The Planning Board recommends approval of the zoning change request. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. Margaret Gray, 243 N. Front Street, Wilmington, representing Pentagon Holdings presented conceptual plans for the area. The rezoning will expand the existing commercial corridor along Highway 87 to allow for neighborhood business uses. Gregory Smalls, 279 Sawyer Road, who lives in a housing development adjacent to the property asked general questions about the proposed use. There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill stated that the requested zoning change is reasonable and in the public interest. He moved to approve the zoning change for Pentagon Holdings, LLC, as requested. Commissioner Titchener seconded the motion and it passed unanimously. Bill Randall, Chairman, Board of Elections and Sherre Toler, Board of Elections Director, presented for the Board’s consideration a recommendation for purchase of new voting equipment. Vice Chairman Hill moved to adopt a resolution to approve the recommendation of the Board of Elections to purchase elections equipment from Election Systems & Software. The motion is contingent upon final review of the contract by the county attorney and the chairman of the Board of Commissioners. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 4) Neil Emory, County Manager, discussed the distribution of funds from the Angier Rescue Squad. Commissioner Andrews moved to authorize sale of the former Angier Rescue building to the Town of Angier for the amount of $190,000. which is an adjusted price from the formerly agreed on price of $200,000. The proceeds of this sale will be transferred to the Angier & Black River Fire Department and will be used to pay down the principal on the station. In addition, the cash assets from the rescue squad will be transferred to the fire department to pay off the note on a fire truck (approximately $70,000). Commissioner Titchener seconded the motion and it passed unanimously. Departmental reports were filed with the Board from Veterans Affairs, Animal Control and Changes in Fund Balance from Finance Office (Attachment 5) Dwight W. Snow, County Attorney, presented for the Board’s consideration a resolution authorizing sale of real property, 4.6 acre tract with buildings and other improvements located at 2082 Arrowhead Road, Dunn, NC, by Harnett County to Faith Education Academy, Inc. Commissioner Titchener moved to adopt the resolution. Commissioner McNeill seconded the motion and it passed 4 to 1 with Vice Chairman Hill casting the dissenting vote. County Attorney Snow noted that Rule 25 of the Rules of Procedure for the Harnett County Board of Commissioners requires that the consideration and majority vote of the proposed resolution be carried over until the next regular meeting of the Board for subsequent consideration and action. Therefore, in keeping with Rule 25 and instructions of the Board, Mr. Snow asked that this resolution be placed on the next opened meeting agenda of the Board which is scheduled for Monday, February 6, 2006 at 9:00 a.m. There being no further business, Vice Chairman Hill moved to adjourn. Commissioner Titchener seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, January 17, 2006 adjourned at 8:15 p.m. __________________________________ Teddy J. Byrd, Chairman __________________________________ Kay S. Blanchard, Clerk to the Board