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: Timothy B. McNeill, Chairman
Beatrice B. Hill, Vice-Chaiman
Dan B. Andrews
Gary House
Jim Burgin
Staff present: 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
Constnngency
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
62 increase
389-0000-314.50-00
Sales Tax
62 increase
453 Cape Fear River Trail Ca itap 1 Project (Fund 384 — "CP0705")
Code 384-8300-465.45-80
Contingency
80 increase
384-0000-361.10-00
Interest — RBC
80 increase
452 Boone Trail Elementary
School Ca itap 1 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 Ca itap 1 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 Hamett/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 70,600 increase
553-0000-314.50-00 Sales Tax 70,600 increase
448 Titan Wastewater Extension Project (Fund 554 - PU02113" )
Code 554-9100-431.60-57 Miscellaneous Expense 110 increase
554-0000-361.10-00 Interest 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 3' Party CAP DA 4,540 increase
447 COPS 2002 School Ca itap l Project (Fund 311- "CP0202")
Code 311-8300-410.45-80 Contingency 9,652 increase
311-0000-361.50-00 Interest -First Citizens 9,652 increase
446 Angier Elementary Capital Project (Fund 391 - "CP0804")
Code 392-8300-480.45-80 Contingency 260,000 increase
392-0000-314.50-00 Sales Tax Refunds 180,000 increase
392-0000-361.90-02 Interest - BB&T 80,000 increase
408 Sheriff (Fund 110 - General
Code 110-5100-420.11-00
Salaries & Wages
28,705 increase
110-5100-420.22-00
FICA Tax Expense
6,000 decrease
110-5100-420.23-00
Regular Retirement
3,000 decrease
110-5100-420.23-01
Regular Supplemental Retirement
1,300 decrease
110-5100-420.23-02
LEO Retirement
4,700 increase
I10-5100-420.23-05
LEO Supplemental Retirement
4,500 increase
110-0000-322.43-01
Concealed Gun Permits
20,960 increase
110-0000-322.43-02
Concealed Gun Fingerprint Fees
3,450 increase
110-0000-322.44-01
Handgun Fees
3,105 increase
110-0000-322.52-01
Copies - Police Reports
90 increase
417 Library (Fund 110 - General
Code 110-8100-450.23-01 Supplemental Retirement 2,500 decrease
I10-8100-450.30-04 Professional Services 450 decrease
110-8100-450.30-05 Court Costs - Collections 500 decrease
110-8100-450.33-45 Contracted Services 3,000 decrease
110-8100-450.41-11 Telephone & Postage 1,200 decrease
110-8100-450.41-13 Utilities 4,000 decrease
110-8100-450.58-01 Training & Meetings 389 decrease
110-8100-450.58-14 Travel 389 decrease
110-0000-331.81-01 NC State Aid to Libraries 12,428 decrease
434 Restitution (Fund 110 - General)
Code 110-7930-441.32-61 JCPC Administrative 2,000 decrease
110-0000-331.79-01 JCPC Administrative 2,000 decrease
436 Public Safety Appropriations (Fund 110 - General)
Code 110-5899-420.32-99 Family Preservation 1,000 decrease
110-0000-331.41-16 Family Preservation 1,000 decrease
423 Animal Control (Fund 110 - General
Code 110-5500-420.11-00
Salaries & Wages
21,000 increase
110-5500-420.11-06
Salaries & Wages Comp
Time Payout
5,000 increase
110-5500-420.21-00
Group Insurance
8,605 increase
110-5500-420.22-00
FICA Tax Expense
1,600 increase
110-5500-420.23-00
Retirement
1,058 increase
110-5500-420.23-01
Supplemental Retirement
2,200 decrease
110-8800-490.32-16
Contingency
5,063 decrease
110-0000-356.55-03
Reimbursement - Erwin
10,000 increase
110-0000-356.55-04
Reimbursement - Lillington
20,000 increase
432 Sheriff (Fund 110 - General)
Code 110-5100-420.11-05 Salaries & Wages Overtime 837 increase
110-5100-420.32-60 Other Services -Towing 837 decrease
431 Emergency Management (Fund 110 - General)
Code 110-5400-420.35-23 Project Moves 919 increase
110-0000-353.54-03 Project Moves 919 increase
430 Sheriff - Communications (Fund 110 - General)
Code 110-5110-420.11-00 Salaries & Wages 13,000 decrease
110-5100-420.11-05 Salaries & Wages Overtime 10,000 increase
110-5100-420.12-00 Salaries & Wages Part-time 3,000 increase
429 Aging..- RSVP (Fund 110 - General)
Code 110-7510-441.32-13 Special Projects -RSVP 1,050 increase
110-0000-353.15-00 Contributions & Donations 1,050 increase
428 Aging (Fund 110 - General
Code 110-7500-441.11-00
Salaries & Wages
4,089 increase
110-7500-441.22-00
FICA Tax Expense
680 increase
110-7500-441.23-00
Regular Retirement
194 increase
110-7500-441.21-00
Group Insurance
636 decrease
110-7500-441.23-01
Supplemental Retirement
1,166 decrease
110-7500-441.54-26
Advertising
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
110-5300-420.23-00
110-5300-420.23-01
110-5300-420.12-00
110-5300-420.58-14
110-5300-420.41-11
110-5300-420.58-01
110-8800-490.32-16
FICA Tax Expense
Regular Retirement
Supplemental Retirement
Salaries & Wages Part-time
Travel
Telephone & Postage
Training & Meetings
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, Chairman 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 +/- 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.
Timofhy B.' eill, Chairman
Attachment I
Date: 06/15/2009
—
'1—' I'l
L-- I Ir- r% )CI
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
Bill
Tax; interest ancf.
'Totaf,
Request,�
"
Penalties
,,
Refund'—
Matta
,aone
�30071
"
1
AEBISCHER, DALE M
509 RABBIT RUN LN
0001554388- 2008- 2008-
city
0.00
Military Exemption
CAMERON, NC 283268676
000000
88.05
Refund
CAMERON, NC, 28326 - 8676
County
88.05
2
DE LAGE LANDEN OPERATION
city
0.00
Value Decrease
SER
0000063859- 2008- 2008-
1111 OLD EAGLE SCHOOL ROAD
000000
19.45
Refund
WAYNE PA, 19087 - 0000
County
19.45
3
GOULET, ANITA MARIE
91 FRONTIER CT
0001163749-2009-2006-
city
0.00
Situs Change
LILLINGTON, NC, 27546 - 9491
000000
County
13.31
13.31
Refund
4
GOULET, ANITA MARIE
91 FRONTIER CT
0001163749- 2009- 2007-
city
0.00
Situs Change
LILLINGTON, NC, 27546 - 9491
000000
County
11.22
11-22
Refund
5
GOULET, ANITA MARIE
91 FRONTIER CT
0001163749- 2009- 2008-
city
0.00
Situs Change
LILLINGTON, NC, 27546 - 9491
000000
County
9.71
9.71
Refund
6
GOULET, ANITA MARIE
91 FRONTIER CT
0001285204- 2009- 2006-
city
0.00
Situs Change
LILLINGTON, NC, 27546 - 9491
000000
County
10.32
10-32
Refund
7
GOULET, ANITA MARIE
91 FRONTIER CT
000 1285204- 2009- 2007-
city
0.00
Situs Change
LILLINGTON, NC, 27546 - 9491
000000
County
9.34
9.34
Refund
8
GOULET, ANITA MARIE
91 FRONTIER CT
0001285204-2009-2008-
city
0.00
Situs Change
LILLINGTON, NC, 27546 - 9491
000000
County
7.58
7.58
Refund
9
MAHER,JOHN ROBERT
city
0.00
Value Decrease
MAHER, STEPHANIE WEST
0001587095- 2008- 2008-
19 CLIMBING ARCH CT
000000
36-89
Refund
LILLINGTON, NC, 27546 - 6894
County
36.89
10
MINIX, BRIAN WAYNE
PO BOX 174
city
0.00
Military Exemption
KNOX IN 46534
0001661289- 2008- 2008-
000000
County
91.94
91-94
Refund
KNOX IN, 46534
KEITH FAULKNER
City Total
0.00
Revenue Administrator
County Total
297.81
Total to be
297.81
Refunded
CC:
KEITH FAULKNER
Attachment 2
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.
HARNETT COUNTY BOARD OF COMMISSIONERS
Y
4
Timo y . McNeill, Chairman
04
ATTEST:
arg Regina D i 1
Actin lerk to the B and
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 15t' day of June, 2009 and effective upon adoption.
HARNETT COUNTY BOARD COMMISSIONERS ,
7j
Timothy B Neill, Chairman 'p'
A ST:
. u
'-
Margar egina Dani , Acting Clerk to the Board
ATTACHMENT
SECTION 5.7 EASEMENTS
SECTION 5.7.1 GENERAL EASEMENT 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 -SITE 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 Department 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