071612mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
July 16, 2012
The Harnett County Board of Commissioners met in regular session on Monday, July 16, 2012,
in the Commissioners Meeting Room, County Administration Building, 102 East Front Street,
Lillington, North Carolina.
Members present:
Timothy B. McNeill, Chaiiinan
Beatrice B. Hill, Vice - Chairman
Dan B. Andrews, Commissioner
Jim Burgin, Commissioner
Member absent: Gary House, Commissioner
Staff present: Scott Sauer, County Manager
Tony Wilder, Deputy County Manager
Dwight Snow, County Attorney
Gina Wheeler, Clerk
Chairman McNeill called the meeting to order at 7:00 p.m. Commissioner Andrews led the
pledge and invocation.
Past Post Commander Joe Byrd, Post Commander Kenneth Jackson and Quarteliiiaster Ray
Stone, representatives of VFW Post 6767, retired the Army Reserve flag that had been displayed
in the commissioner's chambers since July 2011 when Colonel Teddy Byrd and the 207th Army
Liaison Team were deployed to the Kandahar region of Afghanistan. VFW Post 6767
representatives then presented the flag to Colonel Byrd.
Colonel Teddy Byrd expressed his gratitude to members of the VFW Post 6767, which he is also
a member, for everything they do for veterans and our community. Colonel Byrd recognized his
wife Sheila; mother Faye, and his business partner Patsy Carson; who were present and thanked
them for their support during his service. Colonel Byrd reported that his 12 member team was
assembled and deployed to coordinate activities and assure no mistaken conflict along 600 miles
of border between Afghanistan and Pakistan. Colonel Byrd thanked commissioners and the
citizens of Harnett County for displaying their flag and supporting their team while deployed.
Chairman McNeill called for additions and deletions to the published agenda. Chairman
McNeill announced removal from the agenda both the public hearing for the Rural Operating
Assistance Program and the public hearing regarding the proposed zoning request for Bradley
Allen Lee from RA -30 to RA -20M zoning at 309 Kivett Road in Neill's Creek Township.
Chaiitttan McNeill also clarified the Airport Administrator's request seeking approval of a grant
agreement between NC Department of Transporation/Division of Aviation and the County of
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 7
Harnett for the 12.2 Runway, Taxiway & Apron Rehabilitation & Strengthening project for
$235,914 as the project ordinance was approved by the Board of Commissioners on May 21,
2012.
Commissioner Andrews moved to approve the agenda as amended. Vice Chairman Hill
seconded the motion which passed unanimously.
Commissioner Burgin noted he thought they would have another opportunity to discuss the First
Choice agreement for the employee health clinic and asked if all of the changes that were
discussed had been incorporated into the new agreement and if staff is comfortable with it. Mr.
Sauer responded that Ms. Janet Smith, staff attorney, had made the requested changed and
finalized the agreement with First Choice and assured him staff is comfortable with the
agreement.
Commissioner Andrews moved to approve the following items on the consent agenda. Vice
Chaiiuian Hill seconded the motion which passed unanimously.
1. Minutes: June 18, 2012 Regular Meeting
June 26, 2012 Special Session
2. Budget Amendments
3 Public Utilities Department
Code 531- 9030 - 431.41 -10 Utilities
531- 9030 - 431.34 -02 Chemicals
531 -9030- 431.30 -22 Reimbursements (Indirect Cost)
531- 0000 - 399.00 -00 Fund Balance Appropriated
4 Public Buildings Department
Code 110- 4700 - 410.35 -64 Health 4/30 Waterline Break
110- 0000 - 356.47 -03 Insurance Reimbursement — Health 4/30
Waterline Break
5 WIA Youth Program
Code 234 - 7406 - 465.12 -02
234 - 7406 - 465.22 -01
234 - 7406 - 465.26 -08
234 -7406- 465.33 -45
234 - 7406 - 465.35 -26
234 - 7406 - 465.35 -63
234 - 7406 - 465.41 -11
234 - 7406 - 465.44 -21
234 - 7406 - 465.58 -01
Salaries & Wages Participants
FICA
Worker's Compensation
Contracted Services
Participants Cost
Youth Program
Telecommunication & Postage
Building & Equipment
Training & Meeting
$150,000 increase
$100,000 increase
$130,000 increase
$380,000 increase
$850,000 increase
$850,000 increase
$10,000 increase
755 increase
300 increase
31,219 increase
6,252 increase
66,065 decrease
390 increase
500 increase
300 increase
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 7
5 WIA Youth Program continued
Code 234 - 7406 - 465.58 -14 Travel
234 - 7406 - 465.60 -31 Gas, Oil & Auto Supplies
234 - 7406 - 465.60 -33 Materials & Supplies
234 - 0000 - 331.74 -06 Sampson Youth In- school
6 WIA Youth Program
Code 234 - 7408 - 465.12 -02
234 - 7408 - 465.22 -01
234 - 7408 - 465.26 -08
234 - 7408 - 465.33 -45
234 - 7408 - 465.35 -26
234 - 7408 - 465.35 -63
234 - 7408 - 465.41 -11
234 - 7408 - 465.44 -21
234 - 7408 - 465.58 -01
234 - 7408 - 465.58 -14
234 - 7408 - 465.60 -31
234 - 7408 - 465.60 -33
234 - 0000 - 331.74 -06
Salaries & Wages Participants
FICA
Worker's Compensation
Contracted Services
Participants Cost
Youth Program
Telecommunication & Postage
Building & Equipment
Training & Meeting
Travel
Gas, Oil & Auto Supplies
Materials & Supplies
Sampson Youth In- school
3. Tax refunds, rebates and releases (Attachment 1)
1,658 increase
300 increase
250 increase
$14,141 decrease
8,963 increase
400 increase
200 increase
20,813 increase
10,348 increase
28,313 decrease
260 increase
200 increase
300 increase
567 increase
150 increase
253 increase
$14,141 increase
4. Planning Services requested approval of discontinuance of the Planning and Code
Enforcement Services Agreement between the Town of Erwin and Harnett County. The
Town of Erwin request Harnett County continues the teinus and compensation of
providing professional planning services on a month to month basis until a new planner
position is filled. Code Enforcement Services will not be provided as part of the new
agreement.
5. Health Department requested approval to establish a fee of $40 for 17P injections. The
17P injection is used in the Prenatal Clinic. The Harnett County Board of Health
provided approval on May 17, 2012, for the Department of Public Health to establish a
fee for 17P injection. In checking with other health agencies, the standard amount
seemed to be a range of $25.00 to $40.00. The $40.00 rate will put the depaitnient in the
5% over allotment allowed in the proposed budget.
6. Sheriff's Office requested approval of resolution to award a service weapon to Deputy
Lieutenant Kenneth Lee upon his retirement. (Attachment 2)
7. Sheriffs Office requested funds in the amount of $83,875 ($80,760 Federal Asset
Forfeiture funds received in May /June 2012 and $3,115 State Substance Abuse Funds
received in May 2012) to be rolled over into the 2012 -2013 budget as they were received
too late in the 2011 -2012 budget year to be spent.
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 7
8. In accordance with NC G.S. 105- 321(b), the Harnett County Board of Commissioners
authorized, empowered and commanded Tax Administrator Tony Wilder to collect the
taxes of the 2012 -2013 tax levy.
9. Tax Administrator requested approval of the Interlocal Cooperation Agreement for the
Collection of Taxes between the County of Harnett and the Town of Erwin. The
agreement will continue annually unless terminated by either party.
10. Public Utilities requested approval to amend the existing Harnett County's Fat, Oils and
Grease Ordinance. The changes reflect requested revisions from NCDENR.
11. Public Utilities requested approval to amend the Public Utilities Ordinance for the FY
2012 -2013. The ordinance needs to be amended to show the new water and sewer rates
as adopted as part of the budget ordinance.
12. Legal Service, on behalf of General Services, requested approval to enter into a Lease
Agreement with Dennis J. and Jennifer M. Patten; the new owners of the land where the
Buckhorn Container site is situated. The initial lease term is for one -year with a
provision to auto -renew under said terms unless terminated in writing by property owner
or if said funds are not authorized by the Board of Commissioners.
13. Parks and Recreation requested approval of the donation of 204.1 acres of land from the
Harnett Forward Together Committee. The land donation will be used as $500,000
match to the NC PARTF grant the County received to construct Anderson Creek Park,
Phase 1.
14. Cooperative Extension requested permission to accept grant funding from the Harnett
County Partnership for Children for continual operation expense of the Child Care
Resource and Referral Program in the amount of $39,174 for fiscal year 2012 -2013.
15. Cooperative Extension requested permission to accept grant funding from the Harnett
County Partnership for Children for continual operation expense of the Parents As
Teachers Program in the amount of $234,586 for fiscal year 2012 -2013.
16. Airport Administrator requested approval of a grant agreement between NC Department
of Transportation/Division of Aviation and the County of Harnett for the 12.2 Runway,
Taxiway & Apron Rehabilitation & Strengthening project for $235,914. The project
ordinance for this project was approved on May 21, 2012.
17. In accordance with General Statute 105- 373(a), the Tax Administrator reported the total
amount of unpaid county taxes for 2011 is $1,300,107.97. The real property total is
$644,248.03 and the DMV (licensed motor vehicles) amount is $655,859.94.
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 7
18. Legal Department, on behalf of Human Resources, requested approval of the Agreement
for the Provision of Professional Services between First Choice Community Health
Centers and the County of Harnett to provide medical services to county employees.
19. Planning Services requested approval of an agreement between the Town of Erwin and
Harnett County to allow Harnett County Building Inspections to perform inspection
services for the Town of Erwin.
20. Planning Services requested approval of Community Development Division's
recommendation of The Wooten Company, Inc. as consultant to administer, on behalf of
the County of Harnett, the 2011 Scattered Site Housing Community Development Grant
(CDBG). In addition, the Community Development Division requests the Board of
Commissioners authorize the department to begin administration contract negotiations.
This project will be funded by the North Carolina Dep.' liuent of Commerce, Division of
Community Assistance. The Scattered Site Housing Program is a rehabilitation program
targeted towards very low income owner occupied households. The approved grant is for
$400,000 and no more than 10% for administrative costs. There are no matching funds
required.
Chairman McNeill opened the floor for infoinial comments by the public, allowing up to 3
minutes for each presentation.
- Susan Davis, 103 East D. Street in Erwin, held up a bottle of discolored water
to show commissioner the quality of water sold to her by Harnett County. She said this
issue has been on -going for the past 6 years and over that period of time she has
contacted everyone she could to try to get help. She said in addition to paying over $80 a
month for a water bill she also has to purchase bottled water for her family to drink. She
noted that Public Utilities employees flush the lines on her street each Monday and
Friday in an attempt to clear the water which she said doesn't really help.
Mr. Steve Ward, Director of Harnett County Public Utilities, agrees this is a localized on-
going problem due to the old system. Mr. Ward reported that Public Utilities has bids in
hand and money slated to work on this issue, if directed to do so by commissioners,
which could cost over $128,000 to replace the lines on two streets. Mr. Ward noted they
may have to relay lines which could be complicated by the old valves that no longer
work. Commissioners directed Mr. Ward to prepare and submit the paperwork needed to
perfotni these improvements. Patsy Carson, Mayor of Erwin, expressed her appreciation
but noted other water issues remain in the town including Denim Drive.
Commissioner Andrews moved to approve the appointment listed below. Commissioner Burgin
seconded the motion which passed unanimously.
Harnett County Public Library Board of Trustees
Yolanda Massey (nominated by Vice Chairman Hill) was appointed to serve on this
board for a tettu of 3 years expiring June 30, 2015.
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 7
Mark Locklear, Planning Manager, petitioned the board for a public hearing regarding the
proposed zoning request: Owner of Record /Applicant: John Frangakis, Andreas Anagnosto
Poulos, Deno Frangakis; From RA -20R to Commercial Zoning, .471 +/- acres, Hwy 24/87,
Anderson Creek Township. Mr. Locklear noted a public hearing was held by the Planning Board
on Monday, July 2, 2012. A unanimous vote was taken to recommend approval of the request
based upon favorable findings.
Mr. Locklear reported the site is currently vacant and is part of a parcel that is already zoned
commercial. This parcel is split by the entrance of Starwood at Overhills Subdivision and
surrounding land uses include single family residential homes, a variety of commercial
development in close proximity, several residential subdivisions and undeveloped land.
Mr. Locklear noted, as required for all zoning changes within a five mile radius of Fort Bragg,
the Regional Land Use Advisory Commission was contacted regarding the proposed rezoning
and had no issue. He also reminded the group two parcels adjacent to this site were approved to
be rezoned to commercial on February 21, 2011.
Mr. Locklear reported staff evaluation as:
The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community. REASONING: In the vicinity of the subject property, non-
residential development has continued at a fast pace as well as all along Hwy 87
corridor. The requested zoning change to Commercial will not have a negative
impact on the surrounding properties or the community.
- The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning is compatible with the existing
Land Use Classification of Compact Mixed Use. The Compact Mixed Use
classification is to encourage a different combination of uses such as: commercial,
institutional, as well as single family and multi- family developments.
- The proposal does ENHANCE or maintain the public health, safety and general
welfare. REASONING: The proposed commercial zoning is more appropriate for
this site due to properties to the North and South zoned commercial as well as
property across Hwy 87. The proposed zoning would enhance the public health and
general welfare.
- This request does not need to be evaluated for a small scale rezoning, because the
properties adjacent to this site are zoned commercial.
Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Commercial
is compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community and will enhance the public health, safety, and general
welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be
approved.
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 7
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public. Deno Frangakis, applicant, asked commissioners to approve the
request. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner
Burgin moved to approve the proposed zoning request. Commissioner Andrews seconded the
motion which passed unanimously with one absence. Chairman McNeill told Mr. Frangakis he
hoped rumors were true that they might open a restaurant on this property.
Mr. Sauer presented the following report:
- June 2012 Planning Services Report
- June 2012 Veterans Affairs Activities Report
- June 2012 Landfill Billing
- June 2012 Public Health Activities Summary
Mr. Sauer also reminded the group of their upcoming work session scheduled for 9:00 am on
Tuesday, July 24, 2012.
Commissioner Andrews moved that the Board go into closed session for the purposes of: 1) to
discuss certain personnel matters; and 2) to consider and give instructions to the county legal
staff concerning the handling of certain claims and legal actions including the following pending
case: County of Harnett vs. Randy Rogers and Gary A. House, Harnett County File No. 12 CVS
890; and 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)(6)(3)(4). Commissioner Burgin seconded the motion which passed unanimously.
Vice Chairrnan Hill moved that the Board come out of closed session. Commissioner Andrews
seconded the motion which passed unanimously.
Chairman McNeill called for any new business. Commissioner Burgin mentioned H.L. Sorrell
had asked him about the county reinstating their $2000 donation to the Coats Museum which
Commissioner Burgin then made into a motion. Vice Chairman Hill seconded the motion which
passed unanimously.
Chairman McNeill moved to adopt an amendment to Mr. Sauer's employment agreement. The
motion was seconded by Vice Chairman Hill. Commissioner Burgin clarified the amendment as
an adjustment to the County Manager's employment contract which adds time to the contract
until July 1, 2019 and adds an additional six months to the severance pay making it one year.
Commissioner Burgin said he doesn't think this is appropriate and believes such changes, if
needed, should be left up to the incoming Board of Commissioners in December. Commissioner
Burgin said he doesn't like long time employment contracts and doesn't think this is good for the
County. The motion passed 3 to 1 with Commissioner Burgin opposing.
Commissioner Andrews moved to adjourn\themeeting at 8:40 pm. The motion was seconded by
Commissioner Burgin and passed unaa°i`it6tls`
\QA�r.
Timothy B. (McNeill Chairman l i ret Regina Wheeler Clerk
July 16, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 7
ATTACHMENT 1
Boar + ' eport
Date : 07/16/2012
-Approved by the Harnett
'County Board of Commissioner-
c'rgw"
TO : HARNETT COUNTY BOARD OF COMMISSIONERS +er IC
Approved By : Ile C &' C 7 -14 -.41
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
1 ALTMAN, CHRISTOPHER ALLEN
95 BOX ELDER TER
CAMERON, NC 283260047
CAMERON, NC, 28326 - 0047
2 BERRYHILL, RONALD HORACE JR
43 PEBBLE BEACH PT
SANFORD, NC, 27332 - 0124
3 BUSKIRK, HAROLD J JR
40 PORTLAND TRL PK
MOUNT BETHEL PA, 18343 - 0000
4 KELLER, ADAM CHRISTOPHER
KELLER, KAREN HELEN
11 WOOD DUCK TRL
SANFORD, NC, 27332 - 6689
5 LARSON, MICHAEL PATRICK
100 CAMDEN CT
SANFORD, NC 27332
SANFORD, NC, 27332
6 LAUGHLIN, CHRISTINA MARIE
594 EISLER DR
LILLINGTON, NC 275467238
LILLINGTON, NC, 27546 - 7238
7 LAUGHLIN, JERRY WAYNE JR
594 EISLER DR
LILLINGTON, NC 275467238
LILLINGTON, NC, 27546 - 7238
8 MACHINE & WELDING SUPPLY
COMPANY
PO BOX 1708
DUNN, NC, 28335 -1708
9 SNELL TREE EXPERTS LLC
PO BOX 208
KIPLING NC, 27543
10 VANN, MAX ALLEN
VANN, CINDY MARESA
105ECST
ERWIN, NC, 28339 - 2722
11 WOODS, JACQUELINE SANKEY
411 DUNCAN ST APT D5
LILLINGTON, NC, 27546 - 9472
12 WOODS, JACQUELINE SANKEY
411 DUNCAN ST APT D5
LILLINGTON, NC, 27546 - 9472
WM. A. TONY WILDER
Revenue Administrator
CC:
WM. A. TONY WILDER
ta;
0001877015- 2010- 2010- 000000
0001752678- 2011- 2011- 000000
0000007836- 2010- 2010- 000000
0001860392- 2011- 2011- 000000
0001676203- 2011- 2011- 000000
0001886506 -2011- 2011 - 000000
0001885624- 2011- 2011- 000000
0001899245- 2012- 2011- 000000
0001563181- 2008- 2008- 000000
0001879261- 2012- 2012- 000000
0001149448- 2012- 2008- 000000
0001149448- 2012- 2009- 000000
City 0.00
138.60 Refund
County 138.60
Military
Exemption
City 0.00 Military
117.07 Refund Exemption
County 117.07
City 0.00
County 163.81
City 0.00
County 104.61
City 0.00
County 44.44
City 0.00
County 9.74
City 0.00
County 43.01
City() 416.17
County 0.00
City 0.00
County 285.64
City(CI02) 5.36
County 8.89
City(CI01) 1.46
County 8.74
City 0.00
County 12.75
City Total
County Total
Total to be
Refunded
163.81 Refund
104.61 Refund
44.44 Refund
9.74 Refund
43.01 Refund
416.17 Refund
285.64 Refund
14.25 Refund
10.20 Refund
10.83 Refund
422.99
937.30
1,360.29
Value Decrease
Military
Exemption
Military
Exemption
Military
Exemption
Military
Exemption
Situs Correction
Value Decrease
Value Decrease
Situs Correction
Situs Correction
Board Report
Date : 07/16/2012
Approved By :
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
No. 0.tmafNAZip Nielymmow: No:RA Towiwor.
MMtto.P'
404 .4-
EAST GRANVILLE ST CHURCH
OF GOD
1
PO BOX 891
DUNN NC, 28335
WM. A. TONY WILDER
Revenue Administrator
CC:
WM. A. TONY WILDER
City(CI05)
0000063277- 2011- 2011- 000000
County 346.41
178.59
City Total
County Total
Total to be
Refunded
.1\7475,7--jiMn ".,h7
\ 4.1:1,121L,
,1Y %7MTV■MsV,''''‘;
L.
Religious
Exemption
525.00 Refund
178.59
346.41
525.00
ATTACHMENT 2
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
THAT, WHEREAS, Kenneth W. Lee, began his Harnett County Law
Enforcement career on June 29, 1990; and
WHEREAS, after twenty -two years of distinguished service to
Harnett County, Kenneth W. Lee did retire; and
WHEREAS, North Carolina General Statute 20- 187.2(a) provides
that the governing body of law enforcement agency may in its
discretion, award to a retiring member upon his /her request for
their service side arm; and
WHEREAS, according to North Carolina General Statute 14 -402
and 14- 409.1, proper permits have been obtained (as attached) in
order to receive the side arm.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that Kenneth Wayne Lee be awarded the following
service side arm for one dollar ($1.00). Glock Model 22 Serial
Number FUR468.
Duly adopted this day of :1-4 1 / , 20 .
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST.
Clerk
t
the Board
4k/a
Chairman