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070120027 HARNETT COUNTY BOARD OF COMMISSIONERSS Minutes of Regular Meeting July 1, 2002 The Harnett County Board of commissioners met in regular session on Monday, July 1, 2002, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman • Beatrice B. 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 Titchener led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with the following additions to the consent agenda: - budget amendments - request for authorization to accept gift from Xerox Corporation - Public Utilities supplemental agreement - request from Cooperative Extension to accept additional grant funds Commissioner Andrews seconded the motion and it passed unanimously. • Upon motion by Commissioner McNeill and seconded by Commissioner Titchener, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, June 17, 2002 Special Meeting, June 26, 2002 2. Budget Amendments: 1 Transportation (Fund 110-General Code 110-4650-410.44-21 Bldg. & Equipment Rent $2,227. increase 110-0000-399.00-00 Fund Balance Appropriated 2,221. increase 2 Public Utilities (Fund 531-HCDPU) Code 531-0000-399.00-00 Fund Balance Appropriated 342,791. increase 531-9000-431.90-56 Interfund Transfer to Southwest Regional Transmission Project 342,791. increase 3 Southwest Regional Transmission Project (Fund 542-"REGIH" ) Code 542-0000-389.50-00 Interfimd Transfer from HCDPU 342,791. increase 542-9101-431.90-30 Interfimd Transfer to HCDPU 342,791. increase 3. Tax refunds and releases Attachment 1 • 4. Service Contracts with Harnett County Fire Districts for FY 2002-2003 Professional services agreement with CityScape Siting and Management, Inc. to provide consulting services in the area of technical review of applications for cellular towers within the County's planning jurisdiction. An amendment to the Communications Tower Ordinance adopted June 17, 2002, provides the basis for this agreement. 6. Authorization for Summerville Fire and Rescue Inc. to purchase the following equipment: - Automatic apparatus fume ejector for the purchase price of $24,000.00 - Apparatus pumper/tanker to replace a 1967 Ford pumper for the purchase price of $280,000.00. 7. Authorization to move forward with applying for Connectivity Incentive grant from the Rural Internet Access Authority. If awarded, this grant will be used to purchase "C1ick2Gov" software that is compatible with the County's current HTE software used in Central Permitting and Public Utilities. It will allow citizens Internet access • to pay utilities billing, schedule inspections, look up property and permit information as well as billing history in Public Utility areas. 8. Award of materials and supplies contract for the Public Utilities Department for FY 2002-2003. The contract is awarded to TEC Utilities Supply, Inc. of Garner, NC with a bid of $194,096.30. Formal bid process was used in that the total amount of the contract exceeds $90,000. Four bids were received, two of which were not considered due to discrepancies. One bid was not received on time or the amount totaled, while the other did not include a five percent bid bond. Of the two that were considered, TEC Utilities was the lower. Others bids received were from Pipeline Supply of Sanford, Hughes Supply of Raleigh, and Ferguson Enterprises of Apex, NC. 9. Authorization for the Finance Department to accept the gift of a Xerox Printer offered by Xerox Corporation in appreciation for the recent purchase contract from the County for several new copiers. 10. Supplemental agreement between the County and the Town of Fuquay-Varina concerning payment of certain construction costs associated with the interceptor line project as referenced in an agreement dated November 9, 2000. (Attachment 2) 11. Authorization for Cooperative Extension to accept an additional $9,500 from North • Carolina A&T University to extend the period of performance through March 2003 to implement additional activities to improve the social and physical well-being of families, youth and children within Riverside Community. During the informal comments period, Wilton Lee, Rolling Springs subdivision, suggested that the County rewrite the noise ordinance so it could be enforced regarding loud music and noise from neighbors. Commissioner McNeill moved for the appointments listed below. Commissioner Hill seconded the motion and it passed unanimously. Harnett County Council for Women Elsie Lee appointed for a 3-year term to expire 7/31/05 nominated by Commissioner Hill City of Dunn Planning Board (extraterritorial areas) Janet Johnson, Kenneth Lee, Thomas Jernigan, Gary Beasley, and Brian Johnson All nominated by Commissioner Titchener Neil Emory, County Manager, presented for the Board's consideration, a Resolution Levying the Third One -Half Cent (1/2 Cent) Local Government Sales and Use Tax and • Prescribing the Method of Distribution of the proceeds within Harnett County. Mr. Emory noted that this tax was authorized by the State to replace the reimbursements received by the County in previous years. Currently the General Assembly is considering a measure which would move the implementation of the tax and the elimination of reimbursements up one year from the original date of July 1, 2003. If approved by the General Assembly this would permit the county to proceed with the implementation of this tax this fiscal year. A public hearing is required before the Board can consider adoption of the resolution. The required notice of a public hearing has been published. Chairman Byrd called to order a public hearing and opened the meeting for public comment. Wanda Gregory, Mayor, Town of Angier, encouraged the Board to adopt the resolution so the towns would benefit. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Titchener moved to adopt the resolution as presented. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 3) Gary Pierce, Agriculture Extension Agent, shared information regarding landscape considerations during drought conditions. Rodney Tart, Public Utilities Director, discussed water conservation and reduction measures for the Cape Fear River Basin. Mr. Tart presented for the Board's consideration, a Resolution Concerning Mandatory Water Conservation and Reduction Measures for the Cape Fear River Basin. Commissioner Hill moved for adoption of the resolution. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 4) Neil Emory,• County Manager, noted that Thomas Womble is plan an expansion of his current tire disposal and landfill facilities. A proposed franchise ordinance for Central Carolina Tire Disposal will be considered by the Board for a first vote at its July 15 regular meeting and a second vote for final adoption will be at a regular meeting in August. Commissioner Hill moved for the Board to go into closed session for the following purposes: 1) To instruct the County staff concerning the position to be taken on behalf of the County in negotiating the terms of a proposed contract for the acquisition of a real property interest; and 2) 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)(5)&(4). Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Hill moved for the Board to come out of closed session. Commissioner Andrews seconded the motion and it passed unanimously. is There being no further business, Commissioner Hill moved to adjourn. Commissioner Andrews seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, July 1, 2002, duly adjourned at 10:45 a.m. Teddy J. Byrd, Chairman a,,i � Kay S4 Blanchard, Clerk to the Board 0 1� u • Attachment 1. MONTHLY REFUND REPORT Licensed Motor Vehicles 24-Jun-02 BILL NAME AND ADDRESS REASON NUMBER 1996562519 BARLIEB, DAVID EUGENE MILITARY 1092 CONSTITUTION AVE EXEMPTION PENARGYL, PA 18072 Ord, io.t- AMOUNT MONTHS YEAR MONTH TOWN VEHICLE OWNED COUNTY - 8.75 N/A 1996 07/02 FR24 -1.00 RS60 - .31 TOTAL - 10.06 1995601951 BARLIEB, DAVID EUGENE 1/2 MILITARY COUNTY - 42.32 06 1995 07/02 1092 CONSTITUTION AVE EXEMPTION FR24 - 4.83 PENARGYL, PA 18072 RS60 - 1.51 TOTAL - 48:66 2001743896 BUNN, DAVID MICHAEL SOLD VEHICLE; COUNTY - 2.90 10 2001 07/02 5608 OVERHILLS ROAD TURNED IN LICENSE FR20 - .44 SPRING LAKE, NC 28390-8462 TOTAL - 3.34 2001611205 BUTTS, EDNA WARREN SOLD VEHICLE; COUNTY - 3.89 09 2001 07/02 150 OLD COATS RD TURNED IN LICENSE TOTAL - 3.89 LILLINGTON, NC 27546 2001600995 BYRD, CHARLES EDWARD SOLD VEHICLE; COUNTY - 5.71 10 2001 07/02 40 HILLBILLY LANE TURNED IN LICENSE FR14 - .60 COATS, NC 27521-9766 TOTAL - 6.31 2001630495 COOPER, CYNTHIA ANN SOLD VEHICLE; COUNTY - 6.97 07 2001 07/02 ELIXSON TURNED IN LICENSE FR14 - .73 302 S. MCKAY AVE TOTAL - 7.70 DUNN, NC 28334 2001504093 HONDA LEASE TRUST SOLD VEHICLE; COUNTY -14.95 10 2001 07/02 8601 MCALPINE DR STE 230 TURNED IN LICENSE FR22 -1.18 CHARLOTTE, NC 28217-5331 SC20 - .39 TOTAL - 16.52 * VIN - JHM2848WC004791 2001612991 MANNING, JASON D SOLD VEHICLE; COUNTY - 29.38 04 2001 07/02 ERWIN 200 EAST I STREET TURNED IN LICENSE CI02 - 18.56 ERWIN, NC 28339 FR80 -1.93 TOTAL - 49.87 2001620052 MCARTHUR, ADLAY SNEAD SOLD VEHICLE; COUNTY - 20.90 01 2001 07/02 8256 NC 27 E TURNED IN LICENSE FR14 - 2.20 COATS, NC 27521-9102 TOTAL - 23.10 2001644894 MCLEAN, VICKY COLLINS SOLD VEHICLE; COUNTY - 21.00 07 2001 07/02 5088 CHRISTIAN LIGHT ROAD TURNED IN LICENSE FR30 - 2.21 FUQUAY VARINA, NC 27526-6121 TOTAL - 23.21 200067QI70 MOUNTFORD, FRANK TODD MILITARY COUNTY - 78.99 N/A 2000 07/02 199 CATTIE DR EXEMPTION FR16 - 10.82 CAMERON, NC 28326 TOTAL - 89.81 1996581530 MOUNTFORD, FRANK TODD MILITARY COUNTY-132.93 N/A 1996 07/02 199 CATTIE DR EXEMPTION FR16 - 18.99 CAMERON, NC 28326 RS60 - 4.75 TOTAL - 156.67 1997580203 MOUNTFORD, FRANK TODD MILITARY COUNTY-121.79 N/A 1997 07/02 199 CATTIE DR EXEMPTION FR16 - 16.12 CAMERON, NC 28326 RS60 - 4.48 TOTAL - 142.39 1999550190 MOUNTFORD, FRANK TODD MILITARY COUNTY-108.33 N/A 1999 07/02 199 CATTIE DR EXEMPTION FR16 -13.36 CAMERON, NC 28326 TOTAL - 121.69 BILL NAME AND ADDRESS REASON NUMBER 2001809096 MOUNTFORD, FRANK TODD MILITARY 199 CATTLE DR EXEMPTION CAMERON, NC 28326 AMOUNT MONTHS YEAR MONTH TOWN VEHICLE OWNED COUNTY - 126.07 N/A 2001 07/02 FR16 - 17.27 TOTAL - 143.34 1998700206 MOUNTFORD, FRANK TODD MILITARY COUNTY-110.98 199 CATTIE DR EXEMPTION FR16 - 14.69 CAMERON, NC 28326 RS60 - 4.08 TOTAL-129.75 2001675883 OVERTON, HAROLD OWEN PERSONAL VALUE COUNTY-150.70 147 SILVER LAKE PT CORRECTION FR16 -19.82 SANFORD, NC 27332-9657 TOTAL - 170.52 2001727297 SANSON COMMUNITY CHURCH RELIGIOUS COUNTY - 139.28 P.O. BOX 97 EXEMPTION CI05 - 87.77 DUNN, NC 28335-0097 SC20 - 3.82 TOTAL - 230.87 2001625226 SCHOENING, ALBERT WILLIAM SOLD VEHICLE; COUNTY -16,47 462 BYRD RD TURNED IN LICENSE FR70 - 2.38 BUNNLEVEL, NC 28323-8962 TOTAL - 18.85 2001645023 SEXTON, BARTHOLOMEW FRED SOLD VEHICLE; COUNTY - 49.21 1458 US 421 N TURNED IN LICENSE FR21 - 4.53 LILLINGTON, NC 27546-8432 TOTAL - 53.74 N/A 1998 07/02 N/A 2001 07/02 N/A 2001 07102 DUNN 10 2001 07/02 06 2001 07/02 2001730733 STEWART, BILLY RAY SOLD VEHICLE; COUNTY - 48.85 02 2001 07/02 35 EAGLE ROAD TURNED IN LICENSE FR14 - 5.35 COATS, NC 27521 TOTAL - 54.20 Attachment 2. STATE OF NORTH CAROLINA SUPPLEMENTAL AGREEMENT COUNTY OF HARNETT This Supplemental Agreement is made and entered into this the day of June, 2002 by and between County of Harnett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Harnett") and the Town of Fuquay-Varina, a municipal corporation, organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Town"). WITNESSETH: WHEREAS, County and Town have heretofore entered into an Agreement dated November 9, 2000, reference to which is hereby made for greater certainty; and, WHEREAS, paragraph 5 of said Agreement calls for the payment of certain construction costs associated with the interceptor line as prescribed therein; and, WHEREAS, paragraph 14 of said Agreement permits the parties thereto to amend any provision therein upon mutual consent of the parties; and, WHEREAS, the Agreement calls for Town to pay for, among other things, "all land and easement acquisition costs in connection with the construction of the interceptor line from the Fuquay-Varina Treatment • • W Facility to the metering point" located at or near the Wake/Harnett County line. Town desires that a representative from Harnett acquire Town's easements for said interceptor line and reimburse Harnett for the same. The parties hereto desire to memorialize their agreement herein. NOW THEREFORE, for and in consideration of sums to be paid as • provided herein and the performance of the terms and conditions contained in this Supplemental Agreement, the sufficiency of which is hereby acknowledged by both parties, said parties hereto agree as follows: 1. That Harnett's representative (Danny Bethune) shall acquire easements on behalf of Town from the Fuquay-Varina Treatment Facility to the metering point; 2. Town shall reimburse Harnett each month for the costs of said easement acquisition based on the following: (i) $.31 per mile for the representative's mileage expenses; (ii) $20.20/per hour or part thereof expended by representative. Harnett shall invoice Town for such reimbursable costs and reference thereon the project, the landowner the easement was acquired from (or sought to be acquired from), the time spent for iseach such acquisition and travel mileage accumulated in acquiring the same. Said invoices shall be submitted monthly to: Rachel Turner, CFO Town of Fuquay-Varina 401 Old Honeycutt Road Fuquay-Varina, North Carolina 27526 3. Notices required under paragraph 16 of said Agreement shall be mailed to Town's new address as follows: John Ellis, Town Manager Town,of Fuquay-Varina 401 Old Honeycutt Road Fuquay-Varina, North Carolina 27526 4. Notwithstanding the foregoing, all terms and conditions of said Agreement dated November 9, 2000 shall remain in full force and effect as if set forth herein verbatim. • (signatures on following page) 7 This the day and year first above written. Town of Fuquay-Varina By: John Ellis Title: Town Manager Attested: By: Rose John Title: Town Clerk County of e By: Neil Emer Title: County. Managei; Attested: By: Title: Clerk to the Board STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public of the County and State aforesaid, certify that John W. Byrne pi before me this day and acknowledged that he is Mayor of Town of Fuquay-Varh corporation, and that by authority duly given and as the act of the corporation, instrument was signed in its name by its Mayor , sealed with its corporate seal a Rose John as its Town clerk . Witness my hand and official stamp or seal, this the June. 2002. My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF' HARNETT • • 0 • Attachment 3. BOARD OF COMMISSIONERS TEDDY J. BYRD, Chairman BEATRrcE B. Ha.L, Vice Chairman DAN B. ANDREws Taw MCNEu.L WALT TrrCHENER TC U NCRiH CARC�'�NP COUNTY OF HARNETT P.O. BOX 759 • LILLINGTON, N.C. 27546 (910) 893-7555 • FAX (910) 814-2662 COUNTY MANAGER Neu. EMoRY Wm. A. (ToNY) WILDER, Assistant CLERK TO THE BOARD KAY S. BLmcHARD RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2 CENT) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN HARNETT COUNTY WHEREAS, The General Assembly has authorized the Harnett County Board of Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a) of Session Law 2001424; and, WHEREAS, the Harnett County Board of Commissioners held the public hearing on the issue of adopting this resolution on July 1, 2002, as required by N.C.G.S. 105-517(b) and proper public notice of the Board's intent to consider this resolution was provided as required by N.C.G.S. 105-517(b); and, WHEREAS, The General Assembly levied a one half percent (1/2%) state sales tax effective October 16, 2001 by enacting Section 34.14(a) of Session Law 2001-424, and this tax expires July 1, 2003, the same day the sales and use tax levied hereby becomes effective, and as a result the Board's action herein will not result in an increased sales and use tax for the consumer; and, WHEREAS, AS OF July 1, 2003, Harnett County will lose $1.2 million in funds made available by the State of North Carolina to replace revenue lost because of legislative action: (1) to repeal sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes imposed on inventories held by manufacturers, retailers and wholesalers; (3) to repeal taxes on intangible personal property; and, (4) to reduce taxes levied on residential property owned by low-income elderly taxpayers; and WHEREAS, The Harnett County Board of Commissioners hereby finds that, particularly in light of the circumstances cited herein, the levy of The Third One -Half Cent (1/2 cent) Local Government Sales and Use Tax is necessary to adequately finance the operations of the county and the cities and towns herein. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners: (1) There is hereby imposed and levied within Harnett County The Third one-half cent Local Government Sales and Use Tax authorized by Section 34.14(a) of Session Law 2001424 and codified as Article 44 of Chapter 105 of the General Statutes of North Carolina. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said Session Law 2001-424. (2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of July, 2003, or sooner, if allowed by law. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue on a monthly basis to Harnett County as prescribed by N.C.G.S. 105-520. The amount distributed to Harnett County shall be divided among the county and the municipalities herein in accordance with the method by which the one percent (1%) sales and use taxes levied in Harnett County pursuant to Article 39 of General Statutes Chapter 105 are distributed. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. Adopted this 1°` day of July, 2002. HARNETT CO BOARD OF COMMISSIONERS eddy J. Chair n • )��rB�ea=trice�FhlTV�ice�-T%,irmaX alt Titchener ,.9_ Q 0 Dan B. Andrews Tim McNeill Attachment 4. NORTH CAROLINA RESOLUTION CONCERNING MANDATORY WATER CONSERVATION AND REDUCTION MEASURES FOR HARNETT COUNTY THE CAPE FEAR RIVER BASIN WHEREAS, the Cape Fear River basin is experiencing the worst drought since the impoundment of Jordan Lake in 1981, and said basin may be experiencing the worst drought in recent history, and WHEREAS, the waters of Jordan Lake provide a drinking water supply for utilities upstream of the dam in the area known as the Triangle area as well as providing the drinking water supply for utilities downstream of the dam via low flow augmentation; that the waters of Jordan Lake also provide water for low flow augmentation (water quality) downstream of the dam; and WHEREAS, the established low flow augmentation target is a flow of no less than 600 cubic feet per second (cfs) at the United States Geological Survey (USES) gauge at Lillington; that the United States Army Corps of Engineers (USCOE) and the North Carolina Division of Water Resources (NCDWR) temporarily reduced the target to 500 cfs on or about June 17, 2002, in an effort to conserve water in Jordan Lake should the drought continue; that in a June 27, 2002 meeting, the USCOE and NCDWR agreed to temporarily reduce the flow at Lillington to 350 cfs no later than July 3, 2002, in an effort to conserve water in Jordan Lake should the drought continue; that USCOE and NCDWR have agreed to meet again on July 3, 2002, to evaluate the hydrologic conditions of the Cape Fear River basin and possibly reduce the target flow at Lillington to 200 cfs; and WHEREAS, NCDWR announced on June 27, 2002, that it intends to work towards a goal of mandatory water reductions by all users of Jordan Lake and the Cape Fear River in an effort to further conserve water in the basin during this drought; that the Harnett County Board of Commissioners has received and analyzed the news of possible mandatory water reductions which would affect the citizens of Harnett County and intend through this Resolution to issue its response on behalf of Harnett County. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the County of Harnett does hereby pledge to adopt necessary mandatory water conservation and reduction measures at the same time and to the same proportional extent as all public and private users in the entire Cape Fear River basin. AND BE IT FURTHER RESOLVED that the Board of Commissioners of the County of Harnett hereby submits the following RECOMMENDATION to NCDWR and USCOE. THAT NCDWR and USCOE develop a new drought management plan for the waters of Jordan Lake such that a drought of this magnitude can be survived with less stress to the users and biota of the Cape Fear River basin; and THAT NCDWR and USCOE immediately change their specific management procedures of the dam gates so as to better conserve water during a drought; and • • • THAT NCDWR and USCOE re -proportion the water supply and low flow augmentation -7 pools of Jordan Lake such that each has the same statistical return period during a drought; and THAT the extreme low flows that may result this year from this drought not be considered in low flow statistics for regulatory purposes regarding NPDES permits and water supply withdrawals. THIS RESOLUTION passed by a unanimous (5 to 0) vote of the Harnett County Board of Commissioners in regular session on the 1" day of July, 2002. • HARNETT COUNTY BOARD OF COMMISSIONERS CA Te d, Chairman ATTEST: ,c Kay S. Blanchard Clerk to the Board HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Special Meeting (Workshop) July 10, 2002 • The Harnett County Board of Commissioners met in special session on Wednesday, July 10, 2002, in the home economics lab, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill joined the group via telephone. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 11:30 a.m. A program explaining the County's Revaluation 2003 was presented by Boyd Beasley and Keith Faulkner, tax appraisers, and L.C. O'Quinn, Tax Administrator. This power point presentation will be shown across the County to civic groups and other community groups as requested. • Neil Emory, County Manager, noted that he had met with Rodney Tart, Public Utilities Director, to discuss whether a water shortage advisory should be issued in the County. Mr. Emory will talk with town managers and the media about a general advisory in order to conserve water in the Cape Fear River basin. There being no further business, the Harnett County Board of Commissioners workshop, July 10, 2002, adjourned at 12:40 a.m. Teddy J. Byrd, Chairman Kay S4 Blanchard, Clerk to the Board