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HomeMy WebLinkAbout070609mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting July 6, 2009 The Harnett County Board of Commissioners met in regular session on Monday, July 6, 2009, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Timothy B. McNeill, Chaimtan Beatrice B. Hill, Vice- Chaiiivan Dan B. Andrews Jim Burgin Members absent: Gary House 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 9:00 am. Commissioner Jim Burgin led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Commissioner Burgin asked to pull Items 4E and 4G from the consent agenda for discussion purposes. These items were placed under Agenda Item 7 as 7A and 7B. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion and it passed unanimously. Vice - Chairman Hill moved to approve items on the amended consent agenda. Commissioner Burgin seconded the motion and it passed unanimously. Budget amendments: 1 Parks & Recreation Code 110- 8200 - 450.74 -75 Capital Outlay — Lease Expense 24,291 increase 110- 8200 - 450.75 -10 Capital Outlay — Lease Exp. Interest 3,838 increase 110 - 0000 - 399.00 -00 Fund Balance Appropriated 28,129 increase 2. Tax refunds and releases (Attachment 1) 3 Resolutions to add Lonnie Betts Drive, Fieldstone Drive, Quail Hollow Road, Knollwood Road, Fern Ridge Drive, Green Links Drive, Sunrise Court Road and Fox Run Road to the state system. (Attachment 2) 4. Marion Hobbs asked to withdraw his Petition for Zoning Case Number 08 -699. 5. The Harnett County Retired Senior Volunteer Program of the Department of Aging requested approval to accept grant funds in the amount of $40,804 from the Corporation for National and Community Service. 6. Request by the Carolina Lakes Property Owners Association to change the speed limits within Carolina Lakes Sub - division on Carolina Way from 35 miles per hour to 25 miles per hour. Session Law 2006 -260 House Bill 601 requires any proposed change in the speed limit shall be submitted to the and approved by the Harnett County Board of Commissioners. 7. Request to amend Personnel Ordinance Article VI. Leave of Absence Section 30. Volunteer Leave include the following paragraph. Section 30. Volunteer Leave/Parent Involvement Leave. In compliance with NC General Statue 95- 28.3. Leave for Parent Involvement in Schools, an employee who is a parent, guardian, or person in standing in loco parentis of a school -aged child will be allowed to use four house administrative leave to attend or otherwise be involved at that child's school. Volunteer Leave/Parent Involvement Leave shall be mutually agreed upon by supervisor and the employee. The supervisor may require the employee to provide request 48 hours before the desired leave. The employee may be required to provide documentation of use of volunteer of parent involvement leave. 8. The Register of Deeds requested approval of their proposed records retention and disposition schedule in accordance with the provisions of Chapters 121 and 132 of the G. S. of NC. The last schedule was issued August 15, 2003 and was never approved by Harnett County. 9. Requested approval of certification statement for the Rural Operating Assistance Program (Attachment 3) Informal Comment 1. Eric Benson, Coats, spoke about the extra meeting pay for commissioners 2. Floyd Hein. Lillington, spoke about damage to his property by and dispute with Public Utilities. Commissioner Andrews moved to approve the appointments listed below. Vice - Chairman Hill seconded the motion and it passed unanimously. Adult Care Home Community Advisory Committee Peggy A. Smith - McDonald, appointed for a one -year term to expire July 31, 2010 Nominated by Vice - Chairman Hill City of Dunn Planning Board — Extraterritorial Area Renee Jackson appointed for a three -year term to expire June 30, 2012 Nominated by Commissioner Andrews Jury Commission Edith Cox appointed for a two -year tempi to expire August 31, 2011 Nominated by Commissioner Andrews Juvenile Crime Prevention Council Carl Davis - appointed for a two -year teiiu to expire May 31, 2011 Nominated by Commissioner Andrews The Commissioners directed Gina Daniel to post vacancies for the Adult Care Home Community Advisory Committee and the Nursing Home Community Advisory Committee in the local paper. Chairman McNeill administered the oath of office for Tax Administrator to William A. (Tony) Wilder as he was sworn in. Commissioner Burgin moved to approve a Reimbursement Resolution, not to exceed $125,000, to allow the County to reimburse itself for expenses associated with the West Harnett Library from loan proceeds. Chairman McNeill said this project is basically on hold. Commissioner Andrews seconded the motion which passed unanimously (Attachment 4) Mrs. Blinson explained that the consulting services agreement requested by the Finance Department would create an indirect cost plan; which is looking at services departments provide for other departments. The county then uses those indirect cost plans for reimbursement by the state for administrative costs. Commissioner Burgin moved to approve the consulting services agreement with MGT of America. Vice - Chairman Hill seconded the motion and it passed unanimously. Mr. Sauer called on Mr. Wayne Robinson with Central Carolina Community College to report to the board on regarding recent damage and vandalizing to four air - conditioning units on the Harnett County campus. Mr. Sauer announced the Workforce Development Board Meeting at 6:00 pm on Thursday, July 9 at the CCCC Harnett County campus. Mr. Sauer reminded the Board of Commissioners of the upcoming joint session with the Board of Education at 10:00 am on Tuesday, July 7 in the Board of Commissioners meeting room as well as a work session schedule for Friday, July 10, 2009 at 10:00 am. Commissioner Burgin asked for clarification regarding Mr. Sauer's budget message delivered on June 1, 2009. Commissioner Burgin asked staff to prepare a report showing the total number of county employees and the total number of vehicles owned by the county and how they are used. He questioned the preparation and distribution of certain documents introduced at prior board meetings. Commissioner Burgin also inquired about the status of a report showing how much money was paid to local companies and vendors in recent capital projects for the county. Vice Chairman Hill moved to go in to close session for the following purpose: To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143 - 318.11(a) (6). Commissioner Andrews seconded the motion and it pass unanimously. The Board went in to closed session at 9:37 am. At 10:03 am Commissioner Andrews moved for the Board to come out of closed session. Commissioner Burgin seconded the motion and it passed unanimously. Chairmen McNeill opened the floor for discussion of new business. Commissioner Burgin requested staff prepare an overtime report for the last 6 months and start a review of the county's contract and review process. He also asked that the Harnett County Commissioners consider meeting with commissioners from surrounding counties to look at possibly pooling resources including personnel and equipment. Last, Commissioner Burgin called for review of Chairman McNeill's actions and statements pertaining to the $500 recreation tax at an April 2009 meeting in Raleigh of the Local Government I Committee of the N.C. General Assembly. There being no further business, at 10:06 am, Commissioner Andrews moved to recess the meeting until 10:00 am on Tuesday, July 7, 2009 when the commissioners will meet jointly with the Harnett County Board of Education. Vice Chairman Hill seconded the motion and it passed unanimously. Timothy R�r McNeill, C airman Gi Margaret Regina Dan 1, Acting Clerk Attachment 1 .1/4 proved by the L 13rnett County Beard of Cornmissianef3 Board Report Date : 07/06/2009 TO : HARNETT COUNTY BOARD OF COMMISSIONERS Approved --0 RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer Sill d Tax, Interest and. Total Request Penalties Refund Status 1 BAILEY - REMCHAK, RHONDA LEE City() 94 HOLLY RIDGE RD ANGIER, NC, 27501 - 6853 2 BROWN, MARIO LEANDRO 405 CIRCLE DR ANGIER, NC, 27501 - 9286 3 CITICORP VENDOR FINANCE INC PO BOX 165929 IRVING TX 75016 -5929 IRVING TX, 75016 - 5929 4 HUMPHREY, SHARONDA EVETTE 52 MORGANTON CT CAMERON, NC 283269060 CAMERON, NC, 28326 - 9060 5 PORTER, JESSE J PORTER, EVELYN T 11 QUAIL HOLLOW CAMERON NC, 28326 - 9368 6 PORTER, JESSE J PORTER, EVELYN T 11 QUAIL HOLLOW CAMERON NC, 28326 - 9368 7 PORTER, JESSE J PORTER, EVELYN T 11 QUAIL HOLLOW CAMERON NC, 28326 - 9368 8 PORTER, JESSE J PORTER, EVELYN T 11 QUAIL HOLLOW CAMERON NC, 28326 - 9368 9 PORTER, JESSE J PORTER, EVELYN T 11 QUAIL HOLLOW CAMERON NC, 28326 - 9368 KEITH FAULKNER Revenue Administrator CC: KEITH FAULKNER 0001657741- 2009- 2008- 000000 0001557131- 2007- 2007- 000000 0001391137- 2007- 2007- 000000 0001566047- 2008- 2008- 000000 0000043293- 2004- 2004- 000000 0000043293- 2005- 2005- 000000 0000043293- 2006- 2006- 000000 0000043293- 2007- 2007- 000000 0000043293- 2008- 2008- 000000 8.16 County 0.00 City(CI04) 103.16 County 149.08 City 0.00 County 164.48 City 0.00 County 190.63 City 0.00 County 450.32 City 0.00 County 450.32 City 0.00 County 450.32 City 0.00 County 450.32 City 0.00 County 450.32 City Total County Total Total to be Refunded 8.16 Refund 252.24 Refund Situs Correction Military Exemption Property not in 164.48 Refund Harnett County Military 190.63 Refund Exemption 450.32 Refund 450.32 Refund 450.32 Refund 450.32 Refund 450.32 Refund 111.32 2,755.79 2,867.11 Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease Board Report Date : 07/06/2009 TO : HARNETT COUNTY BOARD OF COMMISSIONERS iif-`proved by he H: rnet't County Ei ar:: vs. CornrifissiorierS flats //% -. rprip, Approved By RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Na. ? Name of Tax Payer Bill Tax, rest Total R eq ues end Penalties.; Refund -,:, Stab 1 WATKINS, DONALD GREGORY City 0.00 WATKINS, STEFANIE COUNCIL 60 RIDGE COURT FUQUAY VARINA NC, 27526 - 0000 2 WATKINS, DONALD GREGORY WATKINS, STEFANIE COUNCIL 60 RIDGE COURT FUQUAY VARINA NC, 27526 - 0000 3 WATKINS, DONALD GREGORY WATKINS, STEFANIE COUNCIL 60 RIDGE COURT FUQUAY VARINA NC, 27526 - 0000 4 WATKINS, DONALD GREGORY WATKINS, STEFANIE COUNCIL 60 RIDGE COURT FUQUAY VARINA NC, 27526 - 0000 5 WATKINS, DONALD GREGORY WATKINS, STEFANIE COUNCIL 60 RIDGE COURT FUQUAY VARINA NC, 27526 - 0000 KEITH FAULKNER Revenue Administrator CC: KEITH FAULKNER 0000057021- 2004- 2004- 000000 0000057021- 2005- 2005- 000000 0000057021- 2006- 2006- 000000 0000057021- 2007- 2007- 000000 0000057021- 2008- 2008- 000000 County 753.97 City 0.00 County 753.97 City 0.00 County 753.97 City 0.00 County 753.97 City 0.00 County 761.47 City Total County Total Total to be Refunded 753.97 Refund 753.97 Refund 753.97 Refund 753.97 Refund 761.47 Refund 0.00 3,777.35 3,777.35 Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease 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 street: Austin Farms Subdivision Lonnie Betts Drive Duly adopted this 6th day of July, 2009. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS Marg. j-t Regina D Acting Clerk to the Board dige T. y B. McNeill, Chairman 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 street: Fieldstone Farms Subdivision Fieldstone Drive Duly adopted this 6th day of July, 2009. HARNETT COUNTY BOARD OF COMMISSIONERS Ad -Ca Tim B. McNeill, Chairman 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: Carolina Seasons Subdivision Quail Hollow Knollwood Fern Ridge Drive Green Links Drive Sunrise Court Fox Run Duly adopted this 6th day of July, 2009. I • ATTEST: 111 ti. MargarfRegina Dam Acting lerk to the Board HARNETT COUNTY BOARD OF COMMISSIONERS id. Mai, B. McNeill, Chairman Attachment 3 CERTIFIED STATEMENT FY 2010 County of RURAL OPERATING ASSISTANCE PROGRAM Whereas Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering all federal and/or state programs related to public transportation, and grants NCDOT authority to do all things required in applicable federal and/or state legislation to properly administer the public transportation programs within the State of North Carolina; WHEREAS, G.S. 136 -44.27 established the Elderly and Disabled Transportation Assistance Program; WHEREAS, funds will be used for transportation related expenditures as specified in the FY2010 Rural Operating Assistance Program (ROAP) application; WHEREAS, information regarding use of the funds will be provided at such time and in such a manner as NCDOT may require; WHEREAS, it is the policy of the North Carolina Department of Transportation that Disadvantaged Business Enterprises, Minority Owned Business Enterprises and Women Owned Business Enterprises shall have the opportunity to participate in the performance of contracts financed in whole or part by Federal and State funds in order to create a level playing field, and the county shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. WHEREAS, ROAP funds will be used to provide eligible services during the period July 1, 2009 through June 30, 2010; WHEREAS, any interest earned on ROAP funds will be expended for eligible program uses as specified in the ROAP application; and WHEREAS, the County will include ROAP funds received and expended in its annual independent audit on the schedule of federal and state financial assistance. Funds passed through to other agencies will be identified as such. This is to certify that the undersigned is duly elected, qualified and acting chairperson of the Board of County Commissioners of the County of Harnett North Carolina, and that the following statements are true and accurate: Check the box if the county's application includes a request for funding. Elderly and Disabled Transportation Assistance Program 1. The funds received from G.S. 136 -44.27 will be used to provide transportation services for the elderly and disabled allowing individuals to reside for a longer period in their homes, thereby enhancing their quality of life. 2. The funds will not be used to supplant or replace existing federal, state or local funds designated to provide elderly and disabled transportation services in the county. Employment Transportation Assistance Program 1. The funds will be used to assist transitional Work First participants after eligibility for cash assistance has concluded, participants in local Workforce Development Programs, and/or the general public with employment- related transportation needs 2. The funds will be suballocated to the local Department of Social Services, Work Force Development Program or the community transportation system for employment transportation. 3. The funds will be transferred to the Elderly and Disabled Transportation Assistance Program or the Rural General Public Program after an assessment of employment transportation needs in the service area indicates that employment transportation needs are substantially being met. This assessment will occur prior to any transfer of funds and following submission of a statement to that effect from the County Manager to the Public Transportation Division. Rural General Public Program 1. The funds will be limited to use by the community transportation system 2. The funds will not be used to provide human service agency trips. 3. The funds will be used to provide transportation to residents in the non - urbanized area of the county. Supplemental Elderly and Disabled Transportation Assistance Program 1. The funds will be used according to the eligibility criteria and restrictions provided in the EDTAP Guidelines. 2. The funds will be used to initiate new or expanded services or continue a service that began operating after July 1, 2006 with Supplemental EDTAP funds as the funding source. Supplemental Employment Transportation Assistance Program 1. The funds will be used according to the eligibility criteria and restrictions provided in the EMPL Guidelines. 2. The funds will be used to initiate new or expanded services or continue a service that began operating after July 1, 2006 with Supplemental EMPL funds as the funding source. Supplemental Rural General Public Program 1. The funds will be used according to the eligibility criteria and restrictions provided in the RGP Guidelines. 2. The funds will be used to initiate new or expanded services or continue a service that began operating after July 1, 2006 with Supplemental RGP funds as the funding source. WITNESS my hand and official seal, this 41,441 day of T411, 20 0 . Attest: w ad A Ira Signature,lt and of County -Signature, County Manager /Administrator Commissioners Chairperson " Print Name: Timothy R. McNei 11' Print Name: Scott Sauer Attachment 4 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina was held on Monday, July 6, 2009, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board of Commissioners of the County of Harnett, North Carolina (the "Board"), presiding and the following Commissioners present: The following members were present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Jim Burgin, Commissioner Dan Andrews, Commissioner The following members were absent: Gary House, Commissioner Also present: Scott Sauer, County Manager Tony Wilder, Deputy County Manager Sylvia Blinson, Finance Officer Dwight Snow, County Attorney Gina Daniel, Acting Clerk to the Board Commissioner Burgin moved that the following resolution (the "Resolution"), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, EQUIPPING AND FURNISHING OF THE HARNETT COUNTY WEST BRANCH LIBRARY FROM THE PROCEEDS OF CERTAIN TAX - EXEMPT OBLIGATIONS TO BE EXECUTED AND DELIVERED IN CALENDAR YEAR 2010. WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") has determined that it is in the best interests of the County to construct, furnish and equip the Harnett County West Branch Library in the Western Harnett Industrial Development Park (the "Project'); WHEREAS, the County presently intends, at one time or from time to time, to finance all or a portion of the costs of the Project with proceeds of tax - exempt obligations and reasonably expects to execute and deliver its tax - exempt obligations (the "Obligations') to finance, or to reimburse itself for, all or a portion of the costs of the Project; and PPAB 1579743v1 WHEREAS, the County desires to proceed with the Project and will incur and pay certain expenditures in connection with the Project prior to the date of issuance of the Obligations (the "Original Expenditures'), such Original Expenditures to be paid for originally from a source other than the proceeds of the Obligations, and the County intends, and reasonably expects, to be reimbursed for such Original Expenditures from a portion of the proceeds of the Obligations to be executed and delivered at a date occurring after the dates of such Original Expenditures; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina as follows: Section 1. Official Declaration of Intent. The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Obligations. The County expects that the maximum principal amount of tax- exempt obligations reasonably expected to be executed and delivered, as part of the Obligations, for the Original Expenditures with respect to the Project to be reimbursed will not exceed $125,000. Section 2. Compliance with Regulations. The County adopts this Resolution as a declaration of official intent under Section 1.150 -2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Obligations. Section 3. Itemization of Capital Expenditures. The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of issuance of the Obligations. Section 4. Effective Date. This Resolution is effective immediately on the date of its adoption. On motion of Commissioner Burgin, seconded by Commissioner Andrews, the foregoing resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, EQUIPPING AND FURNISHING OF THE HARNETT COUNTY WEST BRANCH LIBRARY FROM THE PROCEEDS OF CERTAIN TAX - EXEMPT OBLIGATIONS TO BE EXECUTED AND DELIVERED IN CALENDAR YEAR 2010" was duly adopted by the following vote: AYES: FOUR NAYS: NONE PPAB 1579743v1 STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) ss: I, MARGARET REGINA DANIEL, Acting Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, EQUIPPING AND FURNISHING OF THE HARNETT COUNTY WEST BRANCH LIBRARY FROM THE PROCEEDS OF CERTAIN TAX- EXEMPT OBLIGATIONS TO BE EXECUTED AND DELIVERED IN CALENDAR YEAR 2010" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 6th day of July, 2009. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 6th day of July, 2009. PPAB 1579743v1 MARGARE REGINA DAN Acting C • rk to the Board County of Harnett, North Carolina