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HomeMy WebLinkAbout061509mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting June 15, 2009 The Harnett County Board of Commissioners met in regular session on Monday, June 15, 2009, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chaiman Dan B. Andrews Gary House Jim Burgin Scott Sauer, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Chairman Timothy B. McNeill called the meeting to order at 7:00 pm. Commissioner Gary House led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Chairman McNeill asked that newly distributed budget amendments be added to the consent agenda as Item I. Commissioner Burgin asked to add a Resolution to appeal the 2009 property tax reevaluation to the agenda. This request were agreed upon by all commissioners and added as Agenda Item 9A. Commissioner Burgin moved to approve the agenda as amended. Commissioner House seconded the motion and it passed unanimously. Commissioner Andrews moved to approve items on the revised consent agenda. Vice - Chairman Hill seconded the motion and it passed unanimously. 1. Minutes: Work Session Meeting, May 15, 2009 2. Tax refunds and releases (Attachment 1) 3. Resolution to add Topsail Drive and New River Court to the state system (Attachment 2) 4. The Harnett County Sheriff's Office requested approval to donate four used vehicles to Central Carolina Community College for use in their pursuit/defensive driving range. 5. The Harnett County Planning Department requested that the Board of Commissioners send a letter of interest to the NC Department of Commerce stating that Harnett County is interested in securing a $250,000 Housing Development Grant to assist in the development of affordable housing in the western portion of Harnett County. 6. The Home and Community Care Block Grants for Older Adults for July 1, 2009 through June 30, 2010, through providers Mid - Carolina Area Agency on Aging, for Harnett County's Department of Aging, Harnett Area Rural Transit System, Social Services, Coats Senior Center and the City of Dunn. 7. The Harnett County Juvenile Crime Prevention Council (JCPC) requested permission to submit a grant application to the North Carolina Department of Juvenile Justice and Delinquency Prevention for the Community -Based Youth Gang Violence Prevention Grant Project. This grant would not require local match and would allow JCPC to conduct an in -depth gang assessment and to support local gang prevention/intervention program implementation. 8. Budget amendments: 456 Johnsonville Elementary School Capital Project (Fund 321 — "CP0907 ") Code 321- 8300 - 480.45 -22 Bond Issuance Cost 147 increase 321 - 8300 - 480 -45 -80 Contingency 147 decrease 455 Barbecue Creek Park Capital Project (Fund 394 — "CP0903 ") Code 394 - 8300 - 450.45 -80 Constingency 1034 increase 394 - 0000 - 314.50 -00 Sales Tax 884 increase 394 - 0000 - 361.10 -00 Interest on Investments 150 increase 454 Airport — Airfield Improvements Vision 100 Capital Project (Fund 389 — "CP0801 ") Code 389 - 8360- 465.60 -57 Miscellaneous Expense 389 - 0000 - 314.50 -00 Sales Tax 453 Cape Fear River Trail Capital Project (Fund 384 — "CP0705 ") Code 384 - 8300 - 465.45 -80 Contingency 384 - 0000 - 361.10 -00 Interest — RBC 62 increase 62 increase 80 increase 80 increase 452 Boone Trail Elementary School Capital Project (Fund 318 — "CP0905 ") Code 318- 8300 - 480.45 -70 Interest During Construction 714,434 increase 318- 0000 - 370.80 -00 Bond Premium 374,116 increase 318- 0000 - 370.82 -06 COPS 2009 Proceeds 340,318 increase 451 Law Enforcement Detention Capital Project (Fund 313 — "CP0401 ") Code 313- 8300 - 410.45 -80 Contingency 3,200 increase 313 - 0000 - 314.50 -00 Sales Tax 3,200 increase 450 Harnett/Fuquay Wastewater Project (Fund 551 — "PU012B ") Code 551- 9100- 431.45 -70 Interest During Construction 1,301 increase 551- 0000 - 314.50 -00 Sales Tax 300 increase 551- 0000 - 361.10 -00 Interest on Investments - RBC 1,000 increase 551- 0000 - 361.40 -00 Interest on Investments - Wachovia 1 increase 449 South Central Wastewater Project Code 553- 9100 - 431.45 -70 Interest During Construction 553- 0000 - 314.50 -00 Sales Tax 448 Titan Wastewater Extension Project (Fund 554 - PU021B ") Code 554 -9100- 431.60 -57 Miscellaneous Expense 554-0000-361.10-00 Interest 70,600 increase 70,600 increase 110 increase 110 increase 419 Aging - Community Alternative Program (Fund 110 - General) Code 110 - 7550- 441.21 -00 Group Insurance Expense 1,003 increase 110- 7550- 441.11 -00 Salaries & Wages 81 increase 110- 7550- 441.22 -00 FICA Tax Expense 1,084 decrease 110- 7550- 441.43 -16 Maintenance & Repair Equipment 175 decrease 110- 7550- 441.55 -12 Printing & Binding 175 decrease 110- 7550- 441.54 -26 Advertising 400 decrease 110- 7550- 441.58 -14 Travel 750 increase 110- 7550- 441.60 -33 Materials & Supplies 4,540 increase 110- 0000 - 347.13 -00 3rd Party CAP DA 4,540 increase 447 COPS 2002 School Capital Project (Fund 311- "CP0202 ") Code 311- 8300 - 410.45 -80 Contingency 311- 0000 - 361.50 -00 Interest - First Citizens 446 Angier Elementary Capital Project (Fund 39 Code 392 - 8300 - 480.45 -80 Contingency 392 - 0000 - 314.50 -00 Sales Tax Refunds 392 - 0000 - 361.90 -02 Interest - BB &T 1 - "CP0804 ") 408 Sheriff (Fund 110 - General) Code 110 -5100 - 420.11 -00 Salaries & Wages 110 -5100- 420.22 -00 FICA Tax Expense 110 -5100- 420.23 -00 110 -5100- 420.23 -01 110 -5100- 420.23 -02 110 -5100- 420.23 -05 110- 0000 - 322.43 -01 110- 0000 - 322.43 -02 110- 0000 - 322.44 -01 110- 0000 - 322.52 -01 Regular Retirement Regular Supplemental Retirement LEO Retirement LEO Supplemental Retirement Concealed Gun Permits Concealed Gun Fingerprint Fees Handgun Fees Copies - Police Reports 417 Library (Fund 110 - General) Code 110 -8100- 450.23 -01 Supplemental Retirement 110- 8100 - 450.30 -04 Professional Services 110 -8100- 450.30 -05 Court Costs - Collections 110 -8100- 450.33 -45 Contracted Services 110 -8100- 450.41 -11 Telephone & Postage 9,652 increase 9,652 increase 260,000 increase 180,000 increase 80,000 increase 28,705 increase 6,000 decrease 3,000 decrease 1,300 decrease 4,700 increase 4,500 increase 20,960 increase 3,450 increase 3,105 increase 90 increase 2,500 decrease 450 decrease 500 decrease 3,000 decrease 1,200 decrease 110 -8100- 450.41 -13 110 -8100- 450.58 -01 110- 8100- 450.58 -14 110- 0000 - 331.81 -01 Utilities Training & Meetings Travel NC State Aid to Libraries 434 Restitution (Fund 110 - General) Code 110- 7930 - 441.32 -61 JCPC Administrative 110- 0000 - 331.79 -01 JCPC Administrative 436 Public Safety Appropriations (Fund 110 - General) Code 110 -5899- 420.32 -99 Family Preservation 110- 0000 - 331.41 -16 Family Preservation 423 Animal Control (Fund 1 Code 110 -5500- 420.11 -00 110 -5500- 420.11 -06 110 -5500- 420.21 -00 110 -5500- 420.22 -00 110 -5500- 420.23 -00 110 -5500- 420.23 -01 110- 8800 - 490.32 -16 110- 0000 - 356.55 -03 110 -0000- 356.55 -04 10 - General) Salaries & Wages Salaries & Wages Comp Time Payout Group Insurance FICA Tax Expense Retirement Supplemental Retirement Contingency Reimbursement - Erwin Reimbursement - Lillington 432 Sheriff (Fund 110 - General) Code 110 -5100 - 420.11 -05 Salaries & Wages Overtime 110 -5100- 420.32 -60 Other Services - Towing 431 Emergency Management (Fund 110 - General) Code 110 -5400- 420.35 -23 Project Moves 110- 0000 - 353.54 -03 Project Moves 430 Sheriff- Communications (Fund 110 - General) Code 110 -5110 - 420.11 -00 Salaries & Wages 110 -5100- 420.11 -05 Salaries & Wages Overtime 110 -5100- 420.12 -00 Salaries & Wages Part-time 429 Aging - RSVP (Fund 110 - General) Code 110- 7510- 441.32 -13 Special Projects - RSVP 110- 0000 - 353.15 -00 Contributions & Donations 428 Aging (Fund 110 - General) Code 110- 7500 - 441.11 -00 Salaries & Wages 110- 7500- 441.22 -00 FICA Tax Expense 110 -7500- 441.23 -00 Regular Retirement 110- 7500- 441.21 -00 Group Insurance 110- 7500- 441.23 -01 Supplemental Retirement 110- 7500- 441.54 -26 Advertising 4,000 decrease 389 decrease 389 decrease 12,428 decrease 2,000 decrease 2,000 decrease 1,000 decrease 1,000 decrease 21,000 increase 5,000 increase 8,605 increase 1,600 increase 1,058 increase 2,200 decrease 5,063 decrease 10,000 increase 20,000 increase 837 increase 837 decrease 919 increase 919 increase 13,000 decrease 10,000 increase 3,000 increase 1,050 increase 1,050 increase 4,089 increase 680 increase 194 increase 636 decrease 1,166 decrease 300 decrease 110 -7500- 441.41 -11 Telephone & Postage 110- 7500- 441.60 -33 Materials & Supplies 427 Emergency Services (Fund 110 — General) Code 110 -5300 - 420.11 -00 Salaries & Wages 110 -5300 - 420.11 -05 Salaries & Wages Overtime 110 -5300- 420.22 -00 FICA Tax Expense 110 -5300- 420.23 -00 Regular Retirement 110 -5300- 420.23 -01 Supplemental Retirement 110 -5300- 420.12 -00 Salaries & Wages Part-time 110 -5300- 420.58 -14 Travel 110 -5300- 420.41 -11 Telephone & Postage 110 -5300- 420.58 -01 Training & Meetings 110- 8800 - 490.32 -16 Contingency The following citizens spoke about taxes, the tax reevaluation and the economy: 1. Mary B. Johnson, Buies Creek, 2. Max Eller, Buies Creek 3. Lou Weatherspoon, Angier 4. Clay Brewer, Lillington 5. William Todd Gautier, Angier 6. Donald Gregory, Angier 800 decrease 2,061 decrease 15,425 increase 13,500 increase 816 increase 1,375 increase 2,500 decrease 6,000 decrease 6,213 decrease 1,000 increase 1,000 decrease 16,403 decrease Chairman McNeill reassured the citizens that the Commissioners hear their concerns loud and clear and are looking at everything they can to evaluate where we currently are as well as waiting to see what the state will do and how it will affect us. He said the state is balancing their budget on the backs of the counties. Chairman McNeill reported that earlier in the day commissioners met with department heads to discuss possible budget cuts. Public Hearings Samantha Ficzko petitioned the Board for a proposed text amendment - Article V, Design Standards, Section 5.7 Easements, Section 5.8 Drainage Easements, Proposed Amendments create regulations for the use of off -site septic systems. The Planning Board reviewed the request on June 1, 2009 and unanimously recommends approval of the proposed amendments as presented. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chaiiman McNeill closed the public hearing. Commissioner Burgin moved to approve the text amendments, seconded by Commissioner House. The motion passed unanimously. (Attachment 3) Mark LockLear petitioned the Board for a zoning change for Stewart's Creek Township - zoning for all un -zoned (as of June 1, 2009) portions of Stewart's Creek Township: Landowners: Multiple; 26,766 +1- acres, Requested Zoning: RA -20M, RA -20R, RA -30, RA -40, Conservation, Commercial and Industrial Zoning Districts. Mr. Locklear said this would complete zoning for the entire county. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Mary B. Johnson had some general questions regarding the rezoning and public notification. Kasdy A. Dawoud shared a site plan submittal for King Tut Mini Mart with the Commissioners and spoke regarding his current zoning request for a business in the Stewart's Creek Township. There being no further comment, Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve the zoning changes. The motion was seconded by Vice - Chairman Hill. The Commissioners thanked the planning staff for all of their hard work regarding this zoning change. The motion passed unanimously. Chairman McNeill called to order a public hearing on the proposed budget for fiscal year 2009- 2010 and opened the meeting for comments from the public. Larry Wojcik of Sanford (Western Harnett County), Mary B. Johnson of Buies Creek and Steve Wicker of Lillington spoke regarding the proposed budget and the tax reevaluation. Mr. Wicker said we have an opportunity to put Harnett County on the map and asked that people put in to perspective as to what those additional tax dollars can do for this county. There being no further comment, Chairman McNeill closed the public hearing. Commissioner Burgin prepared a proposed resolution for the Board of Commissioners requesting that the State of North Carolina repeal the 2009 property tax re- evaluation and reschedule it for 2011. Commissioner Burgin said that hopefully, through HB 1530, Harnett County had been added back to the bill allowing this and the time has been extended to June 30. Commissioner Burgin moved to adopt this resolution. The motion was seconded by Commissioner House. Dwight Snow reminded the Commissioners that he had prepared a more formal resolution when this issue came up before. Mr. Snow cautioned the commissioners that the statute, including Harnett County, must be passed in order for this resolution to be legal. Chairman McNeill said he would like to table the resolution until we have more information. Commissioner Burgin questioned council if the resolution could be passed and then amended. Mr. Snow said that you could amend a resolution after it was adopted. Vice - Chairman Hill moved to table the resolution until we receive clarification. The motion was seconded by Commissioner Andrews. Commissioner Burgin asked that the resolution be discussed prior to June 30. The motion passed unanimously. County Manager Scott Sauer presented the monthly activity reports for Animal Control, Public Health and Veterans Affairs. Mr. Sauer announced that Eric Truesdale was re- elected 2nd Vice President of the National Association of County Veterans Services Officers. New Business Commissioner Burgin moved to reconsider a prior vote made by the Commissioners to move the Department of Aging in to the Health Department and the reassignment of the Assistant County Manager. Commissioner House seconded the motion. Commissioner Burgin said he found that if we move the Department of Aging in to the Health Department we will be the only county in North Carolina to do that. He said according to the documents he has received and reviewed that most of the time it goes in to the Social Service Department and fits in to more of their scope of services. Commissioner House asked why we didn't seek the advice from the NC Department of Aging. Commissioner Burgin said "In regards to moving the Assistant County Manager to the Tax office, Mr. Wilder will have to get his credentials while we have an interim in the Tax Office who has done a good job and is fully qualified and believes Mr. Wilder should remain in the County Manager's office getting ready to be a county manager." Commissioner House said he was very comfortable with Mr. Wilder is in the county manager's office and believes he should stay there. The motion failed 3 to 2. Commissioner Burgin moved to suspend the payment of the additional meeting expense that the commissioners get stating that given the economy that the commissioners should start cutting first. The motion was seconded by Commissioner House and passed 3 to 2. Commissioner Burgin asked the status of a letter that Chairman McNeill is working on for the Commissioners to the NC Local Government Council One. Chairman McNeill said he had not finished the letter yet. Commissioner House said they were recently given incorrect information in regards to the qualifications of a Social Services Director and he shared information he had received. At 8:03 pm Commissioner Burgin moved to recess the meeting until 10:00 am on Thursday, June 18. 2009. #/ Timothy Bit Neill, Chairman Margare • Regina Daniel, Acting Cler Attachment 1 Board Report Date : 06/15/2009 Imo...._ -�`9 Approved By : TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer gpl Tax, interest and Totat,'; - Penalties Refund 1 AEBISCHER, DALE M 509 RABBIT RUN LN CAMERON, NC 283268676 CAMERON, NC, 28326 - 8676 2 DE LAGE LANDEN OPERATION SER 1111 OLD EAGLE SCHOOL ROAD WAYNE PA, 19087 - 0000 3 GOULET, ANITA MARIE 91 FRONTIER CT LILLINGTON, NC, 27546 - 9491 4 GOULET, ANITA MARIE 91 FRONTIER CT LILLINGTON, NC, 27546 - 9491 5 GOULET, ANITA MARIE 91 FRONTIER CT LILLINGTON, NC, 27546 - 9491 6 GOULET, ANITA MARIE 91 FRONTIER CT LILLINGTON, NC, 27546 - 9491 7 GOULET, ANITA MARIE 91 FRONTIER CT LILLINGTON, NC, 27546 - 9491 8 GOULET, ANITA MARIE 91 FRONTIER CT LILLINGTON, NC, 27546 - 9491 9 MAHER, JOHN ROBERT MAHER, STEPHANIE WEST 19 CLIMBING ARCH CT LILLINGTON, NC, 27546 - 6894 10 MINIX, BRIAN WAYNE PO BOX 174 KNOX IN 46534 KNOX IN, 46534 KEITH FAULKNER Revenue Administrator CC: KEITH FAULKNER 0001554388- 2008- 2008- 000000 0000063859- 2008 -2008- 000000 0001163749- 2009- 2006- 000000 0001163749- 2009 -2007- 000000 0001163749- 2009 -2008- 000000 0001285204- 2009 -2006- 000000 0001285204- 2009 -2007- 000000 0001285204- 2009- 2008- 000000 0001587095- 2008 -2008- 000000 0001661289- 2008 -2008- 000000 City 0.00 County 88.05 City 0.00 County 19.45 City 0.00 County 13.31 City 0.00 County 11.22 City 0.00 County 9.71 City 0.00 County 10.32 City 0.00 County 9.34 City 0.00 County 7.58 City 0.00 County 36.89 City 0.00 County 91.94 City Total County Total Total to be Refunded Request, Status 88.05 Refund 19.45 Refund 13.31 Refund 11.22 Refund 9.71 Refund 10.32 Refund 9.34 Refund 7.58 Refund 36.89 Refund 91.94 Refund 0.00 297.81 297.81 Military Exemption Value Decrease Situs Change Situs Change Situs Change Situs Change Situs Change Situs Change Value Decrease Military Exemption Attachment 2 RESOLUTION • BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed streets. Autumn Pointe Subdivision Topsail Drive New River Court Duly adopted this 15th day of June, 2009. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS arg Actin Regina D lerk to the B 1 and beixf . McNeill, Chairman Attachment 3 HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY SUBDIVISION REGULATIONS WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County Subdivision Regulations on April 7, 1977 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -330; and WHEREAS, the Subdivision Regulations contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Subdivision Regulations as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article V "Design Standards", Section 5.7 "Easements" of the Subdivision Regulations shall be amended to read as indicated in "Attachment ". Duly adopted this 15th day of June, 2009 and effective upon adoption. HARNETT COUNTY BOARD 01 COMMISSIONERS i,4;i1E1 Timothy B Neill, Chairman ST: I. . Margar- ' egina Dan - . Acting Clerk to the Board ATTACHMENT SECTION 5.7 EASEMENTS SECTION 5.7.1 GENERAL R ASEMENT REQUIREMENTS A. The Harnett County Development Review Board may require easements of widths deemed adequate for the intended purpose where necessary or advisable for electric power, conduits, storm and sanitary sewers, street trees, and gas, water, and other utilities. B. Unless justification can be made by the applicant as to why it is not feasible, all easements shall follow property lines. C. No permanent structure shall be located within any easement. Driveways, sidewalks, and other similar means of ingress and egress shall be permitted to perpendicularly cross any easement where necessary for access. D. Any lot area contained within an easement shall not be utilized to achieve the minimum square footage required for said lot. SECTION 5.7.2 DRAINAGE EASEMENTS Where a subdivision is traversed by a drainage way or stream, an adequate easement shall be provided as may be required by the DRB and other local, State, and Federal agencies. The location, width, alignment, and improvement of such drainage way or easement shall be subject to the approval of the Development Review Board. Parallel streets or parkways may be required in connection therewith. Where necessary, storm water drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow, subject to review and approval by the DRB. SECTION 5.7.3 OFF-SUE SEPTIC EASEMENTS In cases where suitable soils are not available for the establishment of on -site septic system and repair area, off -site septic easements shall be permitted according to the following requirements: A. General Off -Site Septic Usage Requirements 1. Prior to approval of an off -site septic easement, applicants shall attempt to adjust lot lines or recombine parcels to acquire adequate, suitable soils for an on -site septic system. 2. All septic systems, septic lines, and repair areas shall be designed by a Registered Professional Engineer or Licensed Soil Scientist. 3. Any lots for which an off -site septic system is either used or located shall be identified on the Deed of Record. B. Major Subdivisions 1. Individual off -site septic systems shall be limited based upon the number of lots on the approved preliminary subdivision plat. No more than ten percent (10 %) of the total lots shall utilize off -site septic systems. In cases where the number of lots changes, the number of allowable off -site septic systems shall be adjusted accordingly. 2. Off -site septic easements shall be contained only within common open space of the subdivision. 3. All off -site septic easements shall be separate and distinct from one another and shall be of sufficient size to accommodate the total area required by the Harnett 1 County Depaiunent of Environmental Health, plus any additional area necessary to allow vehicular movement for repair or expansion purposes in case of future system failure. 4. Common open spaces areas shall have a minimum of one (1) access easement to allow for utilization by all owners of property within the subdivision. Access easements shall be a minimum of twelve (12) feet in width and shall include an identification sign. 5. All supply line systems shall be installed by a professional licensed to do said work and shall be inspected and approved the Harnett County Department of Environmental Health prior to approval and recordation of the final subdivision plat. 6. A Declaration of Covenants and /or Homeowners' Association By -Laws shall state the following: a. All benefits and burdens of the covenants and restrictions shall be binding upon the successive owners of each parcel. b. Those lots burdened by access easements shall be explicitly identified. c. Homeowners' Association shall conduct a program of regular septic easement monitoring, maintenance, and repair. Said program shall be published and recorded in the Harnett County Register of Deeds including a reference of the map book and page of the final subdivision plat map. C. Minor Subdivisions 1. No minor subdivision shall utilize off -site septic easements. D. Existing Lots Regulations regarding location of off -site septic systems and easements within common open space areas shall not apply to septic system, septic line, and repair area failures on existing lots. 1. Any failure shall be determined by the Harnett County Department of Environmental Health or other appropriate local, State, or Federal agency. 2. Applicant shall attempt to locate off -site septic systems on a lot immediately adjacent to the lot on which the failure occurred. Lots separated by right(s) -of- way shall not be considered immediately adjacent. 2