HomeMy WebLinkAbout01062002HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
January 6, 2003
The Harnett County Board of Commissioners met in regular session on Monday, January
6, 2003, in the Commissioners' Meeting Room, County Administration Building, 102
East Front Street, Lillington, North Carolina.
• Members present: Teddy J. Byrd, Chairman
Beatrice Bailey 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
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Clerk to the Board
Chairman Byrd called the meeting to order at 9:00 a.m. and Commissioner Andrews led
the pledge of allegiance and prayer.
Commissioner Hill moved to approve the agenda as published with the following items
added to the consent agenda: additional budget amendments, award contract for Rail -
Trail project, Juvenile Crime Prevention Council funding plan amendment, and Debt
Setoff Program fee rider. Commissioner Titchener seconded the motion and it passed
unanimously.
• Upon motion by Commissioner Andrews and seconded by Commissioner McNeill, the
Board unanimously approved the following items on the consent agenda:
1. Minutes: Regular meeting, December 2, 2002
Workshop, December 13, 2002
2. Budget Amendments:
192 Southwest Regional III Project (Fund 542-"REGIII")
Code 542-9101-431.45-07 Phoenix Fabricators 14,130. increase
542-9101-431.45-80 Contingency 14,130. decrease
193 Aging (Fund 110-General)
Code 110-0000-353.15-00 Contributions -RSVP
725. increase
110-7500-441.32-13 Special Projects -RSVP
725. increase
194 Revenues Fund 110-General
Code 110-0000-354.01-01 Sale of Other Assets -Vans
4,650. increase
110-0000-347.10-00 Copy Fees -Board of Elections
800. increase
110-0000-367.00-00 Filing & Registration Fee
415. increase
110-0000-356.47-01 Reimbursements -South River Electric 84. increase
110-0000-356.51-01 Reimb. Inmates Confined Backlog
2,680. increase
• 110-0000-399.00-00 Fund Balance Appropriated
8,629. decrease
195 Public Utilities (Fund 531-HCDPU)
Code 531-0000-354.01-00 Sale of Other Assets
10,075. increase
531-0000-399.00-00 Fund Balance Appropriated
10,075. decrease
196 Automation Enhancement Fund (Fund 230-Automation Enhancement)
Code 230-0000-322.40-03 Automation Enhancement 32,000. increase
230-0000-361.10-00 Interest 50. increase
- -- 230-4800-410.32-03 Automation Enhancement 32,050. increase
198 Health (Fund 110-General
Code 110-7600-441.32-26 Incentives
2,975. increase
110-7600-441.33-45 Contracted Services
24,192. increase
110-7600-441.41-11 Telephone & Postage
300. increase
110-7600-441.54-26 Advertising
1,000. increase
110-7600-441.55-12 Printing & Binding
700. increase
110-7600-441.58-01 Training & Meetings
1,900. increase
110-7600-441.58-14 Travel
4,957. increase
110-7600-441.60-33 Materials & Supplies
4,375. increase
110-7600-441.60-45 Drugs
7,479.increase
110-7600-441.60-47 Food & Provisions
600. increase
110-7600-441-64-25 Books & Publications
1,958. increase
110-0000-331.76-05 Health Promotion
14,008. increase
110-0000-331.76-06 Bioterrorism Preparedness
3,000. increase
110-0000-332.76-02 Family Planning
7,479. increase
110-0000-334.76-07 Child Service Coordination
1,757. increase
110-0000-334.76-01 Home Health -State
24,192. increase
201 Library (Fund 110-General)
Code 110-0000-331.81-03 LSTA Digitization 6,019. increase
110-8100-450.74-75 Capital Outlay -Equip. 6,019. increase
205 Planning (Fund 110-General)
Code 110-7200-465.74-74 Capital Outlay -Equip. 8,124. increase
110-7200-465.12-00 Salaries & Wages, p.t. 2,500. increase
110-7200-465.31-51 Hazardous Mitigation Plan 10,624. decrease
206 Sheriff (Fund 110-General)
Code 110-0000-336.16-00 Federal Asset Forfeitures 2,200. increase
110-5100-420.60-33 Materials & Supplies 2,200. increase
207 MastpMlan Courthouse Capital Project (Fund 341-"COURTH" )
Code 341-0000-389.12-00 Interfund Trans. -COPS 2000 School 2,000. decrease
341-8341.410.45-80 Contingency 2,000. decrease
208 Rural Internet Access (Fund 110-General)
Code 110-4920-410.60-33 Materials & Supplies 3,500. increase
110-4920-410.74-74 Capital Outlay -Equipment 8,500. increase
110-0000-353.24-00 Rural Economic Development 12,000. increase
209 Masterplan Courthouse (Fund 341 -"COURTH")
Code 341-8341-410.33-45 Contracted Services 118,963. increase
341-8341-410.45-20 Legal & Administrative 17,963. decrease
341-8341-410.45-80 Contingency 101,000. decrease
210 Tax Collection Agency (Fund 722-Tax Collection Aaencv)
Code 722-0000-331.20-00 Ad Valorem Taxes -Prior Year
11,425. increase
722-8026-419.82-02 DMV Distri.-Delinquent Angier
2,625. increase
722-8028-419.82-02 DMV Distri.-Delinquent Dunn
5,125. increase
722-8029-419.82-02 DMV Distri.-Delinquent Erwin
2,275. increase
722-8030-419.82-02 DMV Distri.-Delinquent Lillington
1,400. increase
211 Special Districts (Fund 242-Special Districts
Code 242-0000-311.10-00 Ad Valorem Taxes -Current
4,000. increase
242-0000-311.20-00 Ad Valorem Taxes -Prior Year
7,900. increase
242-8001-420.82-20 Current Tax -Special School Dist.
4,000. increase
242-8001-420.82-20 Ad Valorem-Delinq-Sp. Sch. Dist.
1,600. increase
242-8011-420.82-20 Ad Valorem-Delinq-Cypress Crk.
600. increase
242-8015-420.82-20 Ad Valorem-Delinq-Flatwoods Fire
3,500. increase
242-8022-420.82-20 Ad Valorem-Delinq-Crain's Crk.
200. increase
242-8023-420.82-20 Ad Valorem-Delinq-Bunnlevel
2,000. increase
213 Western Harnett & Johnsonville School Project (Fund 547-"WH SCH")
Code 547-9106-431.45-27 Utilities Plus -Construction 64,666. increase
547-9106-431.45-80 Contingency 64,666. decrease
•
•
214 Human Resources (Fund 110-General
Code 110-7404-465.74-74 Capital Outlay
13,205. increase
116-7404-465.22-00 FICA Tax Expense
558. decrease
110-7404-465.12-00 Salaries & Wages, p.t.
7,300. decrease
110-7404-465.26-08 Worker's Compensation
110. decrease
110-7404-465.55-12 Printing & Binding
637. decrease
110-7404-465.60-33 Materials & Supplies
4,600. decrease
221 Airport Runway Extension Capital Project Fund 360-"RUNWAY")
• Code 360-8360-465.45-30 Technical 13,049. increase
360-8360-465.45-80 Contingency 13,049. decrease
222 Sheriff (Fund 110-General)
Code 110-0000-356.30-00 Insurance Claim 19,102. increase
110-5100-420.74-74 Capital Outlay 13,184. increase
110-5100-420.43-21 Maintenance & Repair Auto 5,918. increase
223 EMS (Fund 110-General)
Code 110-0000-353.04-00 Donations -EMS 10. increase
110-5400-420.60-33 Materials & Supplies 10. increase
226 Sheriff (Fund 110-General
Code 110-5100-420.74-74 Capital Outlay 29,226. increase
110-5100-420.60-33 Materials & Supplies 1,000. increase
110-5100-420.60-36 Uniforms 1,568. increase
110-0000-399.00-00 Fund Balance Appropriated 31,794. increase
227 Governing Body (Fund 110-General)
Code 110-4100-410.31-32 Rails to Trails 30,100. increase
110-0000-334.41-03 Rails to Trails-NCDOT 30,100. increase
• 229 Western Harnett Johnsonville School Project and 547-"WH SCH")
Code 547-0000-389.50-00 Interfund Transfer from HCDPU 200,000. increase
547-9106-431.90-30 Interfund Transfer from HCDPU 200,000. increase
230 HCDPU (Fund 531-Public Utilities)
Code 531-0000-399.00-00 Fund Balance Appropriated 200,000. increase
531-9000-431.90-50 Transfer to Western Harnett 200,000. increase
3. Tax refunds and releases (Attachment 1)
4. Change order for Western Harnett/Highland School Project (Attachment 2)
5. Authorization to accept additional Home & Community Care Block Grant funds
(Attachment 3)
6. Authorization to accept Airport runway extension project reimbursement
(Attachment 4)
7. Agreement with the Town of Lillington to transfer the Shawtown 2000 Community
Development Block Grant Sewer System (Attachment 5)
• 8. Resolution recognizing William Dan Andrews on award of North Carolina Farm
Bureau Farmer of the Year (Attachment 6)
9. Award of bid to Mid -east Services, Inc. for contract in the amount of $29,500 for
granite screenings paving project at Dunn -Erwin Rail Trail. The County has agreed
to administer a $30,000. Department of Transportation grant received for the purpose
of improvements to the trail. (Attachment 7 - bid tabulation)
10. Revised funding plan for the Juvenile Crime Prevention Council to reflect decrease in
State funding. (Attachment 8)
11. NC Local Government Debt Setoff Clearinghouse Program Local Collection
Assistance Fee Rider (Attachment 9)
822
Informal comments were received from the following citizens:
Floyd Hein, Anderson Creek, expressed concerns regarding dog in his
neighborhood, trash trucks with no covers, and a junk mobile home park on
Ray Road.
Nell McDonald, Peach Farm Road, expressed concerns with dogs running
loose.
John Lennon, Martin Gibson, and Ray Bean, Fuel Zone store near Spring
Lake, expressed support of proposed township alcohol referendum.
Wilton Lee, Rolling Springs subdivision, has a problem with cats in his
neighborhood.
Greg Phillips, 118 Avery Road, Erwin, echoed others' sentiments regarding
dogs running loose. •
Jennifer Walker, Director, Cooperative Extension, introduced Tyrone Fisher, new
livestock agent.
Commissioner Hill moved for the appointments listed below. Commissioner Andrews
seconded the motion and it passed unanimously.
Juvenile Crime Prevention Council
All members appointed for 2-year terms to expire 01/31/05.
nominated by Chairman Byrd
Donald Andrews, Jerry Blanchard, Jim Burgin, Robert P. Cameron, Beatrice B.
Hill, Claretta Johnson, Tom Lock, Alice Powell, Wayne Raynor, Lin Thomas,
William A. Wilder, and Larry Rollins
Harnett County Emergency Services Council
Appointed for 3-year terms to expire 01/31/06.
nominated by Commissioner Andrews
Buster Johnson, Buren Fulmer, and Larry Rollins
Industrial Facilities & Pollution Control Authority
Tim McNeill for a 4-year term to expire 12/31/06
nominated by Chairman Byrd
Transportation Advisory Board
All members appointed for 1-year terms to expire 12/31/03
nominated by Chairman Byrd
Wayne Raynor, May Marshbanks, Jerry Blanchard, Alvis Oldham, Steven Sorsch,
Alice Powell, Charles Barefoot, Melanie Collins, Betty Lou Darroch, Jennifer
Walker Judy Lucas, Mary Jane Sauls, Addie McLean, William A. Wilder, Tim
McNeill, Eric Truesdale, and Neil Brown
Johnston -Lee -Harnett Community Action Board
Joyce Harris to replace Teddy Byrd
nominated by Commissioner Hill
Town of Angier Planning Board (ETJ)
Steve Wicker, Debroah Keller, and Ted Altman
nominated by Commissioner Titchener
•
Town of Coats Planning Board (ETJ)
Dorsey Daniel and Helen Thompson
nominated by Commissioner Titchener
Voting delegate for Legislative Goals Conference, January 16-17: •
Commissioner Dan Andrews
nominated by Chairman Byrd
Johnson Tilghman, Chairman, Harnett Forward Together Committee, presented a request
from the committee for the Board to ask our legislators to change the general statutes to
allow township voters to choose whether alcohol sales are permitted in their township.
Commissioner McNeill made a motion to move forward to ask our legislature delegation
to take action to allow township voters to choose whether alcohol sales are permitted in
their township. Townships in which any incorporated area lies would be excluded except
in the case of Little River Township. Commissioner Hill seconded the motion and it
passed unanimously.
823
Chairman Byrd called to order a public hearing on a zoning change request from Enoch
Engineers, landowner: Emmitt Edgerton Industrial Properties, Inc. from RA-30 to
Industrial Zoning District, US Hwy. 301 S, Averasboro Township, 44.25 acres. Mark
Locklear presented the application, staff recommendation, and noted that the Planning
Board recommends approval of the request. Chairman Byrd opened the meeting for
comments from the public. Jerry Hartgrove, Economic Development Director, discussed
location of the property and potential for growth of industry in the County. There being
no further comments, Chairman Byrd closed the public hearing. Commissioner Titchener
moved to approve the zoning change request for Enoch Engineers from RA-30 to
• Industrial Zoning District. Commissioner Andrews seconded the motion and it passed
unanimously.
Chairman Byrd called to order a public hearing on a proposed text amendment to the
Zoning Ordinance regarding Family Care Facilities. Mark Locklear presented the
proposed amendment, staff recommendation, and noted that the Planning Board
recommends approval of the text amendment. Chairman Byrd opened the meeting for
comments from the public. Pam Griffin, 274 Old Mill Rd., asked that we don't limit
space for the elderly. There being no further comments, Chairman Byrd closed the public
hearing. Commissioner McNeill moved to adopt the resolution regarding the text
amendment as presented. Commissioner Andrews seconded the motion and it passed
unanimously. (Attachment 10)
Chairman Byrd called to order a public hearing on a proposed text amendment to the
Water Supply Watershed Protection Ordinance. Joseph Jeffries, Chief Planner, presented
the proposed amendment and staff recommendation. Chairman Byrd opened the meeting
for comments from the public. No comments were offered and Chairman Byrd closed
the public hearing. Commissioner McNeill moved to adopt the resolution regarding the
text amendment to the Water Supply Watershed Protection Ordinance. Commissioner
Andrews seconded the motion and it passed unanimously. (Attachment 11)
• Chairman Byrd called to order a public hearing on a proposed text amendment to the
Zoning Ordinance regarding bed and breakfast residences. Joseph Jeffries, Chief Planner,
presented the proposed amendment and staff recommendation. Chairman Byrd opened
the meeting for comments from the public. No comments were offered and Chairman
Byrd closed the public hearing.. Commissioner Hill moved to adopt the resolution
regarding the text amendment as presented. Commissioner Titchener seconded the
motion and it passed unanimously. (Attachment 12)
Wm. A. (Tony) Wilder, Assistant County Manager, introduced representatives from
Charter Communications. The representatives discussed the reorganization and
restructuring of the company as it relates to cablevision service in Harnett County. There
was also discussion regarding Harnett County schools' communications needs. The
Board requested an update from Charter Communications at a Board meeting in March.
Departmental reports were filed with the Board from Veteran's Affairs, Housing,
Economic Development, Animal Control, and Emergency Medical Services.
Commissioner Hill moved that the Board go into closed session for the following
purposes:
1) To discuss certain personnel matters;
2) To consult with the County Attorney concerning the handling of
• certain judicial actions, namely,
the Galley & Lord, Inc. bankruptcy
U.S. Bankruptcy Court, Southern District of New York
case no. 02-40445
- Beers Skanska, Inc. vs Harnett County
Harnett County Superior Ct. File no. 02 CvS 2381;
3) To discuss matters relating to the location or expansion of industries or
other businesses in Harnett County.
This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3)(4)&(6)
Commissioner McNeill seconded the motion and it passed unanimously.
4
Commissioner Hill moved for the Board to come out of closed session. Commissioner
Titchener seconded the motion and it passed unanimously.
Commissioner McNeill moved to approve salary adjustments for four Public Utilities
employees as listed below. Commissioner Andrews seconded the motion and it passed
unanimously.
Otis Knight from $31,231. to $34,000.
Ronnie Thompson from $28,255. to $33,000.
Curtis Spears from $31,845. to $34,500.
Richard Wicker from $35,462. to $37,000. •
There being no further business, Commissioner Hill moved for adjournment.
Commissioner Andrews seconded the motion and it passed unanimously. The Harnett
County Board of Commissioners' regular meeting, January 6, 2003, adjourned at 11:20
a.m.
Tr J.
By , airman
Kay SO Blanchard, Clerk to the Board
Attachment 1.
MONTHLY REFUND REPORT
CiE'iir".ty I;;�ss��3 �a O:.J,a�tst's_.,, ��
Licensed Motor Vehicles
i -
•
30-Dec-02
D�
J. � � �J
' -
/
BILL NAME AND ADDRESS
REASON
AMOUNT
MONTHS YEAR MONTH
TOWN
NUMBER
VEHICLE
OWNED
2002527156 BERRIOS, ARVIN
SURRENDERED TO
COUNTY - 13.08
05 2002 01103
35 PROVIDENCE CT
SALVAGE YARD
FR24 -1.21
CAMERON, NC 28326-6968
TOTAL -14.29
2001671545 COTTONS BODY SHOP, INC
VEHICLE SOLD
COUNTY - 3.62
11 2001 01/03
DUNN
P.O. BOX 1307
CI05 - 2.19
DUNN, NC 28335-1307
SC20 - .10
TOTAL - 5.91
2002524261 JEWELL, DEREK DON
MILITARY
COUNTY - 69.54
06 2002 01/03
28 PEBBLES CT
EXEMPTION
FR16 - 9.15
SANFORD, NC 27332-2196
TOTAL - 78.69
2001504293 NISSAN INFINITI LT
VEHICLE SOLD
COUNTY - 6.00
11 2001 01/03
P.O. BOX 660368
FR20 - .87
DALLAS, TX 75266-0368
TOTAL - 6.87
•
2 001675749 NORRIS, PAMELA RAE
VEHICLE TOTAL
COUNTY - 23.71
09 2001 01/03
1753 DOC'S ROAD
LOSS
FR20 - 3.43
LILLINGTON, NC 27546-8762
TOTAL - 27.14
2002810746 PAGE, AE KYONG
VEHICLE TOTAL
COUNTY - 26.33
06 2002 01/03
305 JOINT RD
LOSS
FR20 - 3.81
SPRING LAKE, NC 28390-7105
TOTAL - 30.14
2002501650 PITTENGER, REBECCA TOWNER
VEHICLE TOTAL
COUNTY - 5.90
04 2002 01/0i
365 EAST MAIN ST
LOSS
FR40 - .54
COATS, NC 27521
TOTAL - 6.44
u
•
2002515321 RAINEY, LUCY WONG VEHICLE SOLD
2140 KEITH HILLS RD
LILLINGTON, NC 27546
2002028157 LANNE, DAVID J & INCORRECT SQUARE
WIFE FOOTAGE
99 CURTIS DR
ERWIN, NC 28339
200239123 PEGRAM, BETTY DIXON OBX LISTED IN ERROR
1502 FAIRVIEW STREET
DUNN, NC 28334
- Attachment 2. -
CONTRACT FOR
Contract I
COUNTY - 127.83 04 2002 01/03
FR60 - 16.82
TOTAL - 144.65
COUNTYWIDE - 9,980 X .76 = 75.85 2002 01/03
GROVE FIRE - 9,980 X .08 = 7.99
TOTAL - 83.83
COUNTYWIDE - 14,048 X .76 - 106.76 2002 01/03
AVERAS. SCHOOL-14,048 X .02 = 28.10
TOTAL-134.86
ORDER NO.
C ONTRACT CHANGE ORDER 2
DATE
11-18-02
STATE
NC
COUNTY
Harnett
OWNER
County of Harnett, P.O. Box 1119,, Lillington,, NC 27546 -
ro.Ut•i•lit es-.Plus.11 Inc.,*861I Hairs..C.hapel..-Church_Rd..Linden,4 NC 28356
(cenu.emq
You are hereby requested to comply with the. following changes from the contract plans and specifications:
Description of Changes DECREASE INCREASE
(Supplemental Plans and Specifications Attached) in Contract Price in Contract Price
$
See attached breakdown Items 1-7 31,132.60 671,798.59
TOTALS s 3 132 _60 -_-- 67,798.59
NET CHANGE IN CONTRACT PRICE s .__ _ 64, 665.99 -
JUSTIFICATION:
See attached breakdown
The amount of the Contract will be ¢OAtIG M (Increased) By The Sum Of: Sixty—four thousand,, .
•
Six hundred Sixty—five dollars & 99/100---- Dollars(s 64,1665.99 )
Six hundred —Seventy
The Contract Total Including this and previous Change Orders Will Be:
thousand, Seven hundred Eighty—one & 12/100----bollars(s 670,781.12 ),
The Contract Period Provided for Completion Will Be (Increased) (Decreased) (Unchanged): —Days
This document will become supplem to the contract and all provisions will apply hereto.
Requested ?/:�z / y3 —
e (Owner) (Defe)
Recommended �aO1�0 a
( ner'e Arehiteef/Ennineer)
Accepted
(Cen1rec1o0 (Dgte)
82 6.,
Attachment 3.
Home and Community Care Block Grant for Older Adults
DOA-731 (Rev. 1/00
County Funding Plan
County: Harnett
July 1, 2002 through June 30, 2003
County Services Summary
Revised: December 2002
A
B
C
D
E
F
G
Projected
Reimbursemen
H
Pro)ected
HCCBG
I
Projected
Total
Services Access
Block Grant
In -Home
FurMin
Required
Net
USDA
Projected
HCCBG
In -home Aide LV.I
Other
Total
Loral Match
Service Cost
SubsidyUnits
Rate
Clients
Units
Housin &Home Im rovement
69729
17450
7748
77477
gFunchn
7747
10
58
7747
30
In -home Aide LV I - DSS
12196413552
\
1939
19389
135516
In home Aide LV A - D55
5102
." Senior Center Operations
15000
567
5669
5669
Trans - General 7 13500
1667
16667
16667
_-. _� A
1000
i9000
�000
'�
20
Cobb
Trans. - Medical 66019
7335
733S4
73354
Nutrition -Con re ate
80730
8970
89700
16685
106385
27600
3.25
Nutrition - Home Delivered
156672
17408
174080
29280
203360
48434
3,25
Nutrition - HD su lement
15879
1764
17643
3282
20925
5428
3.25
Nutrition -Con . ement
143
16
159
30
189
49
3.25
0
0
0
0
0
0
0
0
0
Total 179519
*Senior Center Operations
214245
268424
562188 62465
624654
49277
673931
94258 108
12747
Anderson Creek Senior center
5000
556
5556
Coats Senior Cent
5000
556
5556
Dunn Enrichment Center
5000
556er
5556
Non-HCCBG
Legal
3438
382
3820
61gn)re,yha-�
. rd f Commissioners
Date-0
Attachment 4-
AIRPORT NAME: Harnett County PROJECT #: 9.9945030
DESCRIPTION: Reimbursement - Runway Extension Constructiones
Certification of Local Funds and Accountin Information
Total State Aid Grant $100 000.00 Federal Block Grant;f0,00
Local Matching Funds Required In Kin rl -dS representing a 10% local share of the project
I. Accounting System Information
Official Name of Sponsoring
Name of Budget Official Responsible for Project Accounting:
Title of Budget Official Responsible for Project Accounting:
Budget Official Address:
•
•
Budget Official Telephone Number: FAX:
2. Certification of Local Funds Availability & Single Audit Accounting.
I hereby certify that the local matching share of $ In Kind Funds required for this project has been
officially approved, placed into the budget of the Sponsoring local governmental unit and will be available for expenditure •
upon execution of the State Aid to Airports Grant Agreement and start of this project I further certify that the authority of
the Sponsoring local governmental unit to enter into contracts with the state of North Carolina has been reviewed by the
governmental attorney and, in his opinion, the Sponsoring local governmental unit is duly authorized to commit the Sponsor
to an Agreement with the North Carolina Department of Transportation.
I further certify that all expenditures on this project will be accounted for in a manner consistent with the requirements of the
State Auditor, that the Sponsor has made appropriate arrangements to have its accounts audited on an annual basis in
conformance with the Single Audit Act of the State of North Carolina, and that each annual Single Audit will contain the
required information about this project.
Name of Sponsoring Local Governmental
Attachment 5.
NORTH CAROLINA AGREEMENT TO TRANSFER
THE SHAWTOWN 2000 COMMUNITY
HARNETTCOUNTY DEVELOPMENTBLOCKGRANT SEWER SYSTEM
• THIS AGREEMENT, made and entered into this the ]Y,-A day of January, 2003 by and
between the COUNTY OF HARNETT, a body politic organized and existing under the laws of the
State of North Carolina, hereinafter referred to as the "County", and the TOWN OF LILLINGTON,
a municipal corporation organized and existing pursuant to the laws of the State of North Carolina,
hereinafter referred to as the "Town';
WITNES SETH:
WHEREAS, the County obtained a Small Cities Community Development Block Grant
(CDBG) for the construction of sewer improvements in the Shawtown Community in 2000; and
WHEREAS, the plans for the 2000 CDBG project provide for the sewer improvements to
be connected to the Town's sanitary sewer system; and
WHEREAS, the County has obtained the necessary real property and easement rights and
has further completed the construction of the sewer improvements pursuant to the 2000 CDBG sewer
project plans; that the Town is ready to accept the flow from the said sewer project and to manage
the operations of the system; that the parties desire through this instrument to set forth their
• agreement concerning the transfer of this sewer system from the County to the Town.
NOW, THEREFORE, for and in consideration of the mutual representations, covenants and
agreements contained herein and for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as follows:
i. The County agrees to convey to the Town by appropriate conveyance all of the
County's ownership rights to the real property, easements, pump station, sanitary sewer lines and
appurtenances constructed pursuant to the 2000 CDBG sewer project, excluding taps and private
service lines. The County shall also convey sites and easements to the Town for the maintenance,
repair and replacement of said sewer lines and appurtenances. The Town agrees to accept ownership
of the pump station, all sanitary sewer lines, appurtenances, sites, and easements conveyed by the
County. It is understood that taps and private service lines are the responsibility of the private
owners.
2. The Town agrees to accept the flow from the sanitary sewer lines constructed by the
County as specified in its CDBG Shawtown project.
• 3. The County shall convey said sewer collection system to the Town free and clear of
any liens and encumbrances, shall certify to the Town that the construction of same has been made
in a workmanlike manner, and shall provide to the Town "as built" drawings of the 2000 CDBG
sewer project systems. The County shall provide to the Town a twelve month warranty which shall
begin from the date the sewer collection system is first operated and managed by the Town; that the
warranty shall provide and warrant that said lines and appurtenances are fit for the purpose for which
they were constructed and that there are no defects in the construction of said lines and
appurtenances. The County shall be responsible to remedy any and all defects and shall make any
repairs or replacements needed during the twelve month warranty period; at the expiration of the
2
o- o
Y
twelve month warranty period the Town shall become responsible for all subsequent defects, repairs
or replacements for said sewer system.
4. The County agrees to convey to the Town by appropriate conveyance, within thirty
days of the final party to approve and execute this Agreement, the following.
(a) that sewer lift station located at 240 Murchison Lane;
(b) those sewer lines which run to said lift station and serve the following right
of way roads:
Shad Lane
Bailey Way from Johnsontown Road to Shawtown Road
Johnsontown Road
Sheldon Drive
Holy Mission Lane
Shawtown Road. from Bailey Way Road to Murchison Lane
Lockhart Lane
Murchison Lane
Old Arlington aka Cater Drive
Reo Drive
(c) that sewer force main line which runs from the 240 Murchison Lane lift
station north to Patterson Street;
(d) those sites and easements for the repair, maintenance and replacement of said
sewer system.
5. The Town agrees to accept ownership of the said lift station, sewer gravity lines and
sewer force main line, along with said easements.
6. The Town agrees to accept the flow from the 240 Murchison Lane lift station.
7. The terms, conditions and provisions contained in this Contract shall be binding on
the parties hereto and their successors and assigns.
s_ This contract is governed in all respects by the laws of the State of North Carolina
and all obligations are enforceable in accordance therewith.
9_ This Contract may be executed in any number of counterparts, each of which shall
be deemed an original.
IN WITNESS WHEREOF, the County has caused this Contract to be signed by its Chairman
of the Board of Commissioners, attested by its Clerk and its official seal affixed, all by authority of
the respective governing boards, and the Town. has caused this Contract to be signed by its Mayor,
attested by its Clerk and its corporate seal affixed.
COUNTY HARNETT
By:
eddy J. B r
ATTEST:
/J�C�c[1hC�
Kay 9j. Blanchard, Clerk
TOWN OF LILLINGTON
By:
7Gr a .Smith, ayor
ATT 5T:
e B. Wilson, Clerk
is
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0
3
NORTH CAROLINA
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personally
came before me this day who being by me duly sworn, deposes and says: that he is the Chairman
ofthe Harnett County Board of Commissioners and Kay S. Blanchard is the Clerk of said Board, that
the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument
was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of
the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said
instrument to be the act and deed of Harnett County.
Witness my hand and official stamp or seal, this b day of 2003
My Commission Expires: I l—ILLCco
NORTH CAROLINA
HARNETT COUNTY
P�.......
a TA/? ,.
Notary Public = 0.0
BLIG
I, a Notary Public of the County and State aforesaid, certify that Grover A. Smith personally
came before me this day who being by me duly sworn, deposes and says: that he is the Mayor of the
Town of Lillington and Vickie B. Wilson is the Clerk of said Town, that the seal affixed to the
foregoing instrument is the official seal of the Town of Lillington, North Carolina, that said
instrument was signed by him, attested by said Clerk and the Town's seal affixed thereto, and the
said Grover A. Smith, Mayor of the Town of Lillington, acknowledged said instrument to be the act
and deed of the Town of Lillington, North Carolina. ��,
Witness my hand and official stamp or seal, this 17'-' day of 2003.
my --Co ssi-o-nExpires:
(i r.) 0 T. ""
N ubliC
5
,%pTARY
PUMA
Attachment 6.
Harnett
COUNTY
NORTH CAROLINA
www.harnett.org
- RESOLUTION --_. ___------_._ _
•
William Dan Andrews
Whereas, fanning has long served as the social and economic cornerstone upon which
Harnett County was built; and
Whereas, our county farmers continue to play a vital role in the future of our community,
and
Whereas, William Dan Andrews through his efforts and dedication exemplifies the
professionalism exhibited by today's young farmer; and
Whereas, his accomplishments in farming were recently recognized by his selection as
North Carolina's Farmer of the Year by the North Carolina Farm Bureau; and
Whereas his selection to receive this prestigious award is a positive reflection upon him
as well as the dedication and commitment his family has made over past generations.
Now Therefore Be It Resolved, that the Harnett County Board of Commissioners does
hereby congratulate and commend Mr. William Dan Andrews for his receipt of this honor and
does thank him on behalf of the citizens of the County for his dedication and commitment to
agriculture.
Adopted this 6t1i day of January, 2003.
HARNF.TT CNTY BOARD OF COMMISSIONERS OU
4 LIA
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Teddy d, Ch rman
a
Beatrice B. Hill, Vice Chair Dan B. Andrews
'Wall Titchener Tim McNeill
strong roots • new growth
Attachment 7.
GRANITE SCREEINGS PAVING PROJECT BID
TABULATION
Mid -East Services Inc.
Walker Construction
ITEM
DESCRIPTION
ESTIMATED
OUANTITY
UNIT PRICE EXTENDED
TOTAL
UNIT PRICE EXTENDED
TOTAL
1
G nite screenings paving w ie a Veatment, comp a and in4.3
piece
miles
$6,860.47 MAO mile $29,500.00
$14,593.02 /0.10 mile $62,750.00
TOTAL CONSTRUCTION COST BID
$29 500.D0
$62 750-00
1, Parker L. Lambert, PE, certify that that all numbers shown are accurate as received
at the time of the bid opening. Furthermore, that this bid Is complete based on my
best professional knowledge and judgement after canvassing.
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Attachment 8.
DJJDP County Funding Plan
Available Funds: $ 226*303 Local Match $33,867 Rate 10
A Program Agreement Form for each program listed below is included as an attachment to the Community
Prevention and Intervention Plan
1.
Woodrow Scoggins Trans.
15,000
1 1,500
-0-
391,297
407,797
2.
Specialized Foster Care
38,000
8,792
7,956
15,444
70,192
3.
Hillcrest Shelter
35,100
3,900
-0-
-0-
39,000
4.
Juvenile Restitution/
Comm Ser
73,540
1,200
7,200
7,000
'.88,940
5.1
Youth Issues
10,000
1 18,475
-0-
-0-1
28,475
Intensive Home -Based
7.
Kid!s R Us
7,868
-0-
1,760
8.
Court Psychologist
4,580
-0-
1,071
-0-
5,651
9.
JCPC Administration
4,215
-0-
-0-
-0-
4,215
TOTALS: 226,303 33,867 21,787 413 741 [695,698
The above plan was derived through a planning process by the Harnett County
Juvenile Crime Prevention Council and represents the County's Plan for use of these funds in FY 2002-2003
01
•04160/d2d
&Zhaixpoon, Juvenile Crime Prevention Council (Date)
Chairperson, Board of County Commissioners (Date)
Attachment 9.
Rev.11/22/02
NC Local Government Debt Setoff Clearinghouse Program
Local- Collection- Assistance Fee Rider
This Local Collection Assistance Fee Rider (the "Rider") is hereby made a
part of that Memorandum of Understanding and Agreement (the "Agreement")
entered into between the parties regarding the NC Local Government Debt Setoff
Clearinghouse Program and in accordance with Section X(A) thereof, modifies
and amends said Agreement as provided.
• RECITALS
WHEREAS, recent amendments to the ACT provide for local collection
assistance fees which are to be added to debts submitted to the DEPARTMENT
for collection; and,
WHEREAS, the DEPARTMENT has clarified its procedures regarding the
allowable methods of computing those debts which may be submitted for setoff;
and,
WHEREAS, because of the statutory and other modifications described,
and to provide for their appropriate implementation, it is necessary to amend the
Agreement as hereinafter provided.
NOW, THEREFORE, it is agreed.and understood that the Agreement shall
be modified and amended as follows:
83
1. Section II, paragraph A is deleted in its entirety and in lieu and
substitution thereof, the following is inserted:
A. CLAIMANT AGENCY hereby designates, appoints; and authorizes
CLEARINGHOUSE to process delinquent debts to be submitted to
Department. For purposes of the Debt Setoff Clearinghouse
Program, "DELINQUENT DEBT" is defined to mean-
(i) a single account or monetary obligation.whichis,at least $50
owed by a debtor to a claimant agency; or,
(ii) a group of accounts or single monetary obligations, each of
which is less than $50, that have been combined to total at
least $50, owed by the same debtor to a claimant agency; or,
(iii) a combination of two or more ' accounts or monetary
obliP&M, ane of which i:i at least $50 and the remainder of
which when added together equal less than $50, owed by the
same -debtor to a claimant agency.
Each account or monetary obligation may have accrued through
contract, subrogation, tort, operation of law, or any other legal theory
regardless of whether there is an outstanding judgment for the sum.
To become a delinquent debt a period of 60 days must have elapsed
between the time CLAIMANT AGENCY declares all of the applicable
accounts or monetary obligations delinquent and the date the
delinquent debt is submitted to CLEARINGHOUSE for collection.
2. As its second sentence, the following sentence is added to Section II,
paragraph C:
Such participation form shall be updated on an annual basis and at any
time there is a change in the information provided. thereon.
CLEARINGHOUSE shall administratively provide participation forms, as
needed, for use by CLAIMAINT AGENCY.
3. The first sentence of Section II, paragraph D is rewritten to read as
follows:
CLAIMANT AGENCY shall use a file specified by CLEARINGHOUSE to
prepare "debt files,' and adjustments to debt files that CLAIMANT
AGENCY certifies to CLEARINGHOUSE are owed to. CLAIMANT
AGENCY and that CLAIMANT AGENCY desires. to have
CLEARINGHOUSE submit to DEPARTMENT for setoff as shown on.a
document to be administratively. supplied by CLEARINGHOUSE entitled
"File Layouts for Submission of Debts from CLAIMANT AGENCY to .
CLEARINGHOUSE."
4. The word "attached" is deleted, from the. last sentence of. Section III,
paragraph B.
5. Section IV, paragraphs A and. B are deleted- in their entirety and in lieu
and substitution thereof, the following are inserted:
A.. To recover the costs incurred by DEPARTMENT in collecting debts,
it imposes a collection assistance fee on. each debt collected through
setoff. DEPARTMENT must collect this fee as part of the debt and
retain it. To recover the' costs incurred by claimant agencies in
submitting debts for collection, a local collection assistance fee of
$15 dollars is imposed on each. delinquent. debt submitted to
DEPARTMENT and collected through set off. DEPARTMENT
- - - - - ----- - ---must- collect this fee as part of the debt ancf remit it to
CLEARINGHOUSE. If CLAIMANT AGENCY is due a refund of
more that $50 dollars, DEPARTMENT sets the tax refund off in the
amount of the delinquent debt plus.its collection assistance fees and
the local collection assistance fee. If DEPARTMENT is able to
collect only part of a debt through setoff, its collection assistance fee
has priority over the local collection assistance fee and over the
remainder of the delinquent debt. The local collection assistance
fee has priority over the remainder of the delinquent debt.
B. DEPARTMENT has priority over all other claimant agencies
whenever it is a competing. agency for a refund. State agencies
have priority, over local agencies. When multiple claims among
local agencies are submitted for setoff to CLEARINGHOUSE, the
claims have priority based on the date and time each local agency
requested CLEARINGHOUSE to submit debts on its behalf. The
date and time of submission of the debt file shall constitute the date
and time to establish the priority. CLEARINGHOUSE shalluse
submission receipt date and time of original file for "priority date
and time of specific. debt. Additions to a delinquent debt through
accrued interest and/or penalties will not change the priority. date. .
Any "new" delinquent debt for same CLAIMANT AGENCY will
have a newsubmission date and time, including new debts fora
previously submitted debtor. A delinquent debt submitted to
CLEARINGHOUSE that has been reduced, by setoff or otherwise;
to an amount of less than $50 may lose its existing priority. If such
delinquent debt is thereafter combined with a future delinquent
debt submission for the same debtor and thereby becomes eligible
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for setoff, it shall .be treated as a part of the "new" debt and shall be
assigned priority based on the .future submission. If such
delinquent debt, through the addition of.interest or penalties, is
thereafter increased to an amount of at least $50 and thereby
becomes eligible for set off, such debt shall retain its original
priority.
6. Section V entitled "Compensation" is deleted in its entirety and in lieu
and substitution thereof, the following is inserted:
COMPENSATION
A. CLEARINGHOUSE shall receive as compensation for its services
- - the $15 local collection assistance fee -that is :imposed by
DEPARTMENT on each delinquent debt that is submitted by
CLEARINGHOUSE and collected through a successful
interception. "SUCCESSFUL INTERCEPTION" is defined to mean
the DEPARTMENT matched all or a portion of a debt submitted by
CLEARINGHOUSE against a State tax refund for interception and
payment towards a delinquent debt owed to CLAIMANT
AGENCY.
B. CLAIMANT AGENCY, by the execution of this agreement,
authorizes CLEARINGHOUSE to retain the $15 local collection
assistance fee imposed on each delinquent debt for each successful
interception. CLAIMANT AGENCY further authorizes
CLEARINGHOUSE to retain the local collection assistance fee
collected by it in the event CLAIMANT. AGENCY is required, by
statute or otherwise, to return to a debtor funds that have been set
off by DEPARTMENT.
C. CLAIMANT AGENCY may not combine individual delinquent
debts of at least $50 each by delinquent debtor name and social
security number for submission to CLEARINGHOUSE. Multiple
debts of less than $50 owned by the same debtor to a claimant
agency, and one debt of less than $50 and a debt of at least $50 may
be combined to meet the $50 threshold and thereby constitute a
delinquent debt which maybe submitted to CLEARINGHOUSE.
D. Existing submitted delinquent debts may adjusted upwards for
interest, fees etc., and will retain their original priority order, but
not a later new delinquent debt, even if from the same debtor. New
debts will be date stamped by CLEARINGHOUSE with the later
submission date.
E. In the event of partial: payment of ` a delinquent debt, the
CLAIMANT AGENCY may continue to submit the balance of the
debt, if $50 or more, as a part :of subsequent data files. If the
delinquent debt is reduced to an amount of less than $50, it may be
combined with a future delinquent debt submission for the same
debtor, and will be treated as a part of the "new" delinquent debt.
for purposes of priority and imposition of the local collection
assistance fee.
7. All attachments to the Agreement are deleted. Items originally attached to
the Agreement will be administratively -provided -to- CLAIMAINT AGENCY by
CLEARINGHOUSE as needed and as otherwise specified in the Agreement.
8. It is acknowledged that in accordance with the recent legislative
amendments to the ACT, beginning. January 1, 2003, the effective date of the
amendments, the $15 local collection assistance fee will be added to all
delinquent debts submitted to DEPARTMENT for setoff. Additionally, it is
understood that the legislation requires that CLAM4ANT AGENCY notify a
debtor that a local collection assistance fee of $15 will be added to a debt if it is
submitted for setoff. CLAIMANT AGENCY agrees, as of the effective date of the
amendments, to comply with the notice and hearing requirements set forth in the
ACT, as amended, with respect to boththose delinquent debts previously
submitted by it that remain uncollected through setoff and those to be submitted
prospectively.. CLAIMANT AGENCY further agrees to comply with the
provisions of the ACT as set forth in the Agreement.
9. Except as set forth in this Rider, all terms and provisions of the Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties Hereto have caused this Agreement to be
executed as of all by authority of their
respective governing.bodies.
NORTH CAROLINA
GOVERNMENT DEBT.
SETOFF CLEARINGHOUSE
(City/Town/ un
By:
(Authorized Official)
LOCAL
By:
S. Ellis Hankins, Executive Director
NC League of Municipalities
Attachment 10. - -
HARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July
18, 1988 and June 5, 2000 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-340; and
WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those
provisions have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article III and
Article XV of the Zoning Ordinance 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 VI. Sections 4.1F, 5.1G, 6.OJ, 7.1H of
the Zoning Ordinance be amended by adding the following new text to the current text as follows:
(No Family Care Facility shall be located within a one-half mile radius of an existing
Family Care Facility).
Duly adopted this 6* day of January, Two Thousand Three and effective upon adoption.
(:TT COUNTY BOARD OF COMMISSIONERS
Cg-ddy J. Byrd
anChairm
ATTEST:
HARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY WATER SUPPLY WATERSHED
MANAGEMENT AND PROTECTION ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted The Harnett County Water Supply
Watershed Management and Protection Ordinance on November 15, 1993.
WHEREAS, this Ordinance was adopted under authority granted by the General Assembly of the State of
North Carolina, particularly G.S. 153A-340; and
WHEREAS, the Harnett County Planning Board has reviewed the proposed amendment to Article 200
Development Regulations, Section 204 Buffer Areas Required of The Harnett County Water Supply
Watershed Management and Protection Ordinance 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 200 Development Regulations, Section 204 Buffer Areas
Required of The Harnett County Water Supply Watershed Management and Protection Ordinance be
amended by deleting Article 200 Development Regulations, Section 204 Buffer Areas Required and
substituted as follows therefore:
200 Development Regulations, Section 204 Buffer Areas Required
Within the WS-IV-PA Watershed District, a minimum of a one hundred (100) foot vegetative buffer for
development activities that exceed the low density standards as established in this ordinance is required
along all perennial waters indicated on the most recent versions of the U.S.G.S: 1:24,000 (7.5 minute)
scale topographic maps, otherwise a minimum of thirty (30) foot vegetative buffer is required.
Duly adopted this 6th day of January, Two Thousand three and effective upon adoption.
RARN*TT COUNTY BOARD OF COMMISSIONERS
AL&VALO
T d Byrd
CFrAIRMAN
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u
ATTEST: D® / /
6m 3X AA4-4 ia.��
Kay S. Planchard
Clerk to the Board '
Attachment 12.
•
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is
HARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988
and June 5, 2000 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-340; and
WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions
have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article VI and Article XV
of the Zoning Ordinance 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 VI. Sections 4.2, 5.2, 6.2, 7.2 of the Zoning Ordinance be
amended by adding the following new text to the current text as follows:
Bed and Breakfast Residence
(a) The operator of the bed and breakfast residence may be the owner of the dwelling or a resident manager,
but must occupy the dwelling as a principal residence.
(b) Guest stays shall be limited to fourteen (14) consecutive days.
(c) Meals may be provided to overnight guests only, and no cooking facilities may be provided in guest
rooms.
(d) Should comply with all local and state regulations.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Article XV. Definitions, of the Zoning Ordinance be amended by
adding the following new text to the current text as follows:
Bed and breakfast residence: The use of part of a dwelling to provide short-term lodging to guests for
compensation, with or without the provision of breakfast to overnight guests, where no more than ten (10)
guest rooms are involved (but not including 8&B homestays, and not including hotels, where the provision
of lodging is the principal use).
Duly adopted this 6a' day of January, Two Thousand Three and effective upon adoption.
TT COUNTY BOARD OF COMMISSIONERS
-
,Y
41 Byrd,' - y.
ATTEST:
Kay S. B&nchard
Clerk To The Board